Assembly Bill No. 321–Assemblymen Frierson and Benitez-Thompson
CHAPTER......
AN ACT relating to elections; establishing procedures for the use of mail ballots in every election; establishing various requirements relating to mail ballots; revising the requirements for signature verification of mail ballots; revising the deadline to submit a request for the establishment of a polling place within an Indian reservation or Indian colony for an election; revising the personal data that may be requested if a voter’s signature is challenged at the polls; requiring the Secretary of State to enter into a cooperative agreement with the State Registrar of Vital Statistics to obtain certain information relating to the statewide voter registration list; authorizing a county clerk, city clerk or registrar of voters and deputies thereof charged with powers and duties relating to elections to request certain personal information be maintained in a confidential manner; revising provisions relating to the withdrawal of a petition for initiative or referendum; repealing provisions related to absent ballots, mailing ballots and affected elections; providing a penalty; making an appropriation; and providing other matters properly relating thereto.
Legislative Counsel’s Digest: Existing law authorizes a registered voter to request an absent ballot to vote at an election and sets forth various requirements and procedures to be used for voting and processing absent ballots. (NRS 293.3088-293.340, 293C.304-293C.340) Existing law also provides that a county or city clerk may designate certain election precincts as mailing precincts or absent ballot mailing precincts and all registered voters who live in such an election precinct are mailed a mailing ballot and may vote by mailing ballot. (NRS 293.343-293.355, 293C.342-293C.352) Existing law further provides that for elections that are affected by certain emergencies or disasters, the county and city clerks are required to mail each registered voter a mail ballot and sets forth requirements and procedures to be used for mail ballots. (NRS 293.8801-293.8887) Section 91 of this bill repeals the existing provisions for absent ballots, mailing ballots and mail ballots. Sections 2, 3-17 and 51-63 of this bill: (1) require the county and city clerks to send each active registered voter and each person who registers to vote or updates his or her voter registration information not later than 14 days before an election a mail ballot for all elections; and (2) reenact, with certain changes, various requirements relating to the preparation and distribution of mail ballots and procedures for voting, returning, verifying and counting mail ballots. Sections 18-24, 30-33, 35-45, 47-49, 66-69, 72, 73, 76-79 and 81-84, 85 and 86 of this bill make conforming changes to revise references to absent ballots, mailing ballots and mail ballots for affected elections. Sections 3 and 51 of this bill provide that a voter may elect not to receive a mail ballot by submitting a written notice to the county or city clerk which must be
- 81st Session (2021)
– 2 – received by the county or city clerk, as applicable, not later than 60 days before the day of the election. Sections 2.2 and 2.4 of this bill require the county clerk to establish a minimum number of polling places for primary elections and general elections in the county for early voting by personal appearance and polling places for voting on the day of the election based on the population of the county. Existing law provides that an absent ballot or mail ballot that is mailed to the county or city clerk must be postmarked on or before the day of the election and received by 5 p.m. on the seventh day following the election. (NRS 293.317, 293.8861, 293C.319) Sections 8 and 56 of this bill revise this deadline to instead require a mail ballot that is mailed to the county or city clerk to be received by 5 p.m. on the fourth day following an election. Sections 8 and 56 also require the county and city clerk to establish ballot drop boxes at every polling location in the county or city, as applicable. Section 45 of this bill makes it a category E felony for a person other than a county clerk or city clerk to establish a ballot drop box. Existing law establishes a process for county and city clerks to verify signatures on absent ballots, mailing ballots and mail ballots. (NRS 293.325, 293.355, 293.8874, 293C.325, 293C.352) Sections 11 and 59 of this bill authorize the county and city clerks to review the signature of a voter manually or by electronic means and establish requirements for an electronic device to verify the signature of a voter. Sections 16 and 64 of this bill require each county clerk and city clerk and all members of their staff whose duties include administering an election to complete a class on forensic signature verification that is approved by the Secretary of State at least once each year. Sections 17 and 65 of this bill provide that if a county or city clerk uses an electronic device to verify signatures on mail ballots, the clerk must: (1) conduct a test of the accuracy of every electronic device before the election; (2) perform daily audits of the electronic device during the processing of ballots for the election; and (3) prepare an audit report. Sections 34 and 80 of this bill require the audit reports to be deposited in the vaults of the county or city with other election materials. Existing law allows a voter who has failed to affix his or her signature on an absent, mailing or mail ballot or for whom there is a reasonable question of fact as to whether the signature used for the absent, mailing or mail ballot matches the signature of the voter to provide a signature or confirmation not later than 5 p.m. on the seventh day following an election or the ninth day following an affected election. (NRS 293.325, 293.355, 293.8874, 293C.325, 293C.352) Sections 11 and 59 revise this deadline to require a voter to provide a signature or confirmation by the sixth day following an election. Sections 11 and 59 also establish methods by which the county or city clerk may verify the identity of a voter for whom there is a reasonable question of fact as to whether the signature used on his or her mailing ballot matches the voter’s signature. Existing law requires certain persons who register to vote to show certain proof of identity and residency the first time voting in an election for federal office in this State. A person who registers to vote at the Department of Motor Vehicles using the process commonly known as the Automatic Voter Registration System is not required to show proof of identity or residency the first time voting in an election for federal office in this State if the person presented to the Department of Motor Vehicles certain proof of identity and residency. (NRS 293.2725, 293.5742) Section 25 of this bill makes a technical change to clarify that a person who registers to vote at the Department of Motor Vehicles using the Automatic Voter Registration System is not required to show proof of identity or residency the first
- 81st Session (2021)
– 3 – time voting in an election for federal office in this State if the person presented to the Department of Motor Vehicles certain proof of identity and residency. Existing law authorizes an Indian tribe to submit a request for the establishment of a polling place within the boundaries of an Indian reservation or Indian colony, which must be submitted by the first Friday in January for a primary election and the first Friday in July for a general election. (NRS 293.2733, 293.3572, 293C.2675, 293C.3572) Sections 26, 28, 70 and 74 of this bill revise the deadline for the request for the establishment of a polling place within the boundaries of an Indian reservation or Indian colony for early voting and the day of a primary election or general election to March 1 for a primary election and August 1 for a general election. Sections 26 and 70 also authorize an Indian tribe to submit a request for the establishment of a ballot drop box within the boundaries of an Indian reservation or Indian colony by the same deadlines. Existing law provides that if the signature of a voter who appears to vote in person at the polls does not match the voter’s signature on file, the voter must be identified by answering questions covering the personal data reported on an application to register to vote or providing other personal data. (NRS 293.285, 293.3585, 293C.275, 293C.3585) Sections 27, 29, 71 and 75 of this bill provide that the questions covering the personal data of a voter may include the voter’s date of birth. Existing law authorizes a person to register to vote through the Thursday preceding the day of the election by submitting an application to register to vote by computer using the system established by the Secretary of State before the person appears at a polling place to vote in person using a provisional ballot. (NRS 293.560, 293.5837, 293C.527) Sections 42.5, 43 and 80.5 of this bill extend this deadline to allow a person to register to vote using this method through the day of the election. Existing law requires the Secretary of State to establish and maintain the statewide voter registration list. (NRS 293.675) Section 44 of this bill requires the Secretary of State to enter into a cooperative agreement with the State Registrar of Vital Statistics to match information in the statewide voter registration list with the records from the State Registrar of Vital Statistics concerning the death of residents of the State to maintain the statewide voter registration list. Existing law authorizes certain persons to obtain a court order to require a county assessor, county recorder, county clerk, city clerk or Secretary of State to maintain the personal information of the person contained in their records in a confidential manner. (NRS 247.530, 247.540, 250.130, 250.140, 293.908) Sections 46, 87 and 88 of this bill authorize a county or city clerk or registrar of voters charged with the powers and duties relating to elections and any deputy appointed by the county or city clerk or registrar of voters in the elections division to request a court order to require a county assessor, county recorder, county clerk, city clerk or the Secretary of State maintain the personal information of the person contained in their records in a confidential manner. Existing law authorizes, under certain circumstances, a petition for initiative or referendum to be withdrawn. Once a petition for initiative or referendum is withdrawn, no further action may be taken on that petition. (NRS 295.026) Section 84.5 of this bill provides that a notice of withdrawal of: (1) a petition for initiative that proposes a statute or an amendment to a statute must be submitted to the Secretary of State not later than 90 days before the election at which the question of approval of disapproval of the initiative will appear on the ballot; (2) a petition for initiative that proposes an amendment to the Constitution must be submitted to the Secretary of State not later than 90 days before the first election at which the question of approval or disapproval of the initiative will appear on the ballot; or (3)
- 81st Session (2021)
– 4 – a petition for referendum must be submitted to the Secretary of State not later than 90 days before the election at which the question of approval or disapproval of the referendum will appear on the ballot. Existing law authorizes certain persons to request that the Department of Motor Vehicles display an alternate address on the person’s driver’s license, commercial driver’s license or identification card. (NRS 481.091) Section 89 of this bill authorizes a county clerk, city clerk, registrar of voters charged with powers and duties related to elections and any deputy in the elections division of the county or city to also request that the Department display an alternate address on the person’s driver’s license, commercial driver’s license or identification card. Section 89.5 of this bill makes an appropriation to the Office of the Secretary of State for the costs of ballot stock, postage and postcard notifications to carry out the provisions of this bill.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 293 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 17, inclusive, of this act. Sec. 2. “Mail ballot” means a mail ballot distributed to an active registered voter pursuant to the provisions of sections 3 to 15, inclusive, of this act and sections 51 to 65, inclusive, of this act. Sec. 2.2. For a primary election or general election, the county clerk must establish: 1. In a county whose population is 700,000 or more, at least 25 polling places for early voting by personal appearance, which may be any combination of temporary or permanent polling places for early voting. 2. In a county whose population is 100,000 or more but less than 700,000, at least 15 polling places for early voting by personal appearance, which may be any combination of temporary or permanent polling places for early voting. 3. In a county whose population is less than 100,000, at least 1 permanent polling place for early voting by personal appearance. Sec. 2.4. 1. For a primary election or general election, the county clerk must establish: (a) In a county whose population is 700,000 or more, at least 100 polling places where a person can vote in person on the day of the election.
- 81st Session (2021)
– 5 –
(b) In a county whose population is 100,000 or more but less than 700,000, at least 25 polling places where a person can vote in person on the day of the election. (c) In a county whose population is less than 100,000, at least 1 permanent polling place where a person can vote in person on the day of the election. 2. For the purposes of subsection 1, a polling place where a person can vote on the day of the election may include a vote center. Sec. 3. 1. Except as otherwise provided in this section, the county clerk shall prepare and distribute to each active registered voter in the county and each person who registers to vote or updates his or her voter registration information not later than the 14 days before the election a mail ballot for every election. The county clerk shall make reasonable accommodations for the use of the mail ballot by a person who is elderly or disabled, including, without limitation, by providing, upon request, the absent ballot in 12-point type to a person who is elderly or disabled. 2. The county clerk shall allow a voter to elect not to receive a mail ballot pursuant to this section by submitting to the county clerk a written notice in the form prescribed by the county clerk which must be received by the county clerk not later than 60 days before the day of the election. 3. The county clerk shall not distribute a mail ballot to any person who: (a) Registers to vote for the election pursuant to the provisions of NRS 293.5772 to 293.5887, inclusive; or (b) Elects not to receive a mail ballot pursuant to subsection 2. 4. The mail ballot must include all offices, candidates and measures upon which the voter is entitled to vote at the election. 5. Except as otherwise provided in subsections 2 and 3, the mail ballot must be distributed to: (a) Each active registered voter who: (1) Resides within the State, not later than 20 days before the election; and (2) Except as otherwise provided in paragraph (c), resides outside the State, not later than 40 days before the election. (b) Each active registered voter who registers to vote after the dates set for distributing mail ballots pursuant to paragraph (a) but who is eligible to receive a mail ballot pursuant to subsection 1, not later than 13 days before the election. (c) Each covered voter who is entitled to have a military- overseas ballot transmitted pursuant to the provisions of
- 81st Session (2021)
– 6 – chapter 293D of NRS or the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. §§ 20301 et seq., not later than the time required by those provisions. 6. In the case of a special election where no candidate for federal office will appear on the ballot, the mail ballot must be distributed to each active registered voter not later than 15 days before the special election. 7. Any untimely legal action which would prevent the mail ballot from being distributed to any voter pursuant to this section is moot and of no effect. Sec. 4. 1. Except as otherwise provided in subsection 2, section 3 of this act and chapter 293D of NRS, the county clerk shall send to each active registered voter by first-class mail, or by any class of mail if the Official Election Mail logo or an equivalent logo or mark created by the United States Postal Service is properly placed: (a) A mail ballot; (b) A return envelope; (c) An envelope or sleeve into which the mail ballot is inserted to ensure its secrecy; and (d) Instructions. 2. In sending a mail ballot to an active registered voter, the county clerk shall use an envelope that may not be forwarded to an address of the voter that is different from the address to which the mail ballot is mailed. 3. The return envelope must include postage prepaid by first- class mail if the active registered voter is within the boundaries of the United States, its territories or possessions or on a military base. 4. Before sending a mail ballot to an active registered voter, the county clerk shall record: (a) The date the mail ballot is issued; (b) The name of the voter to whom the mail ballot is issued, his or her precinct or district and his or her political affiliation, if any, unless all the offices on the mail ballot are nonpartisan offices; (c) The number of the mail ballot; and (d) Any remarks the county clerk finds appropriate. Sec. 5. 1. Except as otherwise provided in subsection 2, if a person applied by mail or computer to register to vote, or preregistered to vote by mail or computer and is subsequently deemed to be registered to vote, and the person has not previously voted in any election for federal office in this State, the county clerk must inform the person that he or she must include a copy of
- 81st Session (2021)
– 7 – the information required in paragraph (b) of subsection 1 of NRS 293.2725 in the return envelope with the mail ballot. 2. The provisions of subsection 1 do not apply to a person who: (a) Registers to vote by mail or computer, or preregisters to vote by mail or computer and is subsequently deemed to be registered to vote, and submits with his or her application to preregister or register to vote: (1) A copy of a current and valid photo identification; or (2) A copy of a current utility bill, bank statement, paycheck or document issued by a governmental entity, including a check which indicates the name and address of the person, but not including a voter registration card; (b) Registers to vote by mail or computer and submits with his or her application to register to vote a driver’s license number or at least the last four digits of his or her social security number, if a state or local election official has matched that information with an existing identification record bearing the same number, name and date of birth as provided by the person in the application; (c) Registers to vote pursuant to NRS 293.5732 to 293.5757, inclusive, and at that time presents to the Department of Motor Vehicles: (1) A copy of a current and valid photo identification; (2) A copy of a current utility bill, bank statement, paycheck or document issued by a governmental entity, including a check which indicates the name and address of the person, but not including a voter registration card; or (3) A driver’s license number or at least the last four digits of his or her social security number, if a state or local election official has matched that information with an existing identification record bearing the same number, name and date of birth as provided by the person in the application; (d) Is entitled to vote pursuant to the provisions of chapter 293D of NRS or the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. §§ 20301 et seq.; (e) Is provided the right to vote otherwise than in person pursuant to the provisions of the Voting Accessibility for the Elderly and Handicapped Act, 52 U.S.C. §§ 20101 et seq.; or (f) Is entitled to vote otherwise than in person pursuant to the provisions of any other federal law. 3. If a person fails to provide the identification required pursuant to paragraph (b) of subsection 1 of NRS 293.2725 with his or her mail ballot:
- 81st Session (2021)
– 8 –
(a) The mail ballot must be treated as a provisional ballot; and (b) The county clerk must: (1) Contact the person; (2) Allow the person to provide the identification required before 5 p.m. on the sixth day following the election; and (3) If the identification required pursuant to paragraph (b) of subsection 1 of NRS 293.2725 is provided, ensure the mail ballot is delivered to the appropriate mail ballot central counting board. Sec. 6. 1. Except as otherwise provided in section 7 of this act and chapter 293D of NRS, in order to vote a mail ballot, the voter must, in accordance with the instructions: (a) Mark and fold the mail ballot; (b) Deposit the mail ballot in the return envelope and seal the return envelope; (c) Affix his or her signature on the return envelope in the space provided for the signature; and (d) Mail or deliver the return envelope in a manner authorized by law. 2. Except as otherwise provided in chapter 293D of NRS, voting must be only upon candidates whose names appear upon the mail ballot as prepared pursuant to section 3 of this act, and no person may write in the name of an additional candidate for any office. 3. If a mail ballot has been sent to a voter who applies to vote in person at a polling place, including, without limitation, a polling place for early voting, the voter must, in addition to complying with all other requirements for voting in person that are set forth in this chapter, surrender his or her mail ballot or sign an affirmation under penalty of perjury that the voter has not voted during the election. A person who receives a surrendered mail ballot shall mark it “Cancelled.” Sec. 7. 1. Except as otherwise provided in this section, a person shall not mark and sign a mail ballot on behalf of a voter or assist a voter to mark and sign a mail ballot pursuant to the provisions of sections 3 to 15, inclusive, of this act. 2. At the direction of a voter who has a physical disability, is at least 65 years of age or is unable to read or write, a person may mark and sign a mail ballot on behalf of the voter or assist the voter to mark and sign a mail ballot pursuant to this section. 3. If a person marks and signs a mail ballot on behalf of a voter pursuant to this section, the person must indicate next to his
- 81st Session (2021)
– 9 – or her signature that the mail ballot has been marked and signed on behalf of the voter. 4. If a person assists a voter to mark and sign a mail ballot pursuant to this section, the person or the voter must include on the return envelope his or her name, address and signature. Sec. 8. 1. Except as otherwise provided in subsection 2 and chapter 293D of NRS, in order for a mail ballot to be counted for any election, the mail ballot must be: (a) Before the time set for closing of the polls, delivered by hand to the county clerk, or any ballot drop box established in the county pursuant to this section; or (b) Mailed to the county clerk, and: (1) Postmarked on or before the day of the election; and (2) Received by the clerk not later than 5 p.m. on the fourth day following the election. 2. If a mail ballot is received by mail not later than 5 p.m. on the third day following the election and the date of the postmark cannot be determined, the mail ballot shall be deemed to have been postmarked on or before the day of the election. 3. Each county clerk must establish a ballot drop box at every polling place in the county, including, without limitation, a polling place for early voting. A county clerk may establish a ballot drop box at any other location in the county where mail ballots can be delivered by hand and collected during the period for early voting and on election day. No person other than a clerk may establish a drop box for mail ballots. 4. A ballot drop box must be: (a) Constructed of metal or any other rigid material of sufficient strength and resistance to protect the security of the mail ballots; and (b) Capable of securely receiving and holding the mail ballots and being locked. 5. A ballot drop box must be: (a) Placed in an accessible and convenient location at the office of the county clerk or a polling place in the county; and (b) Made available for use during the hours when the office of the county clerk, or the polling place, is open for business or voting, as applicable. Sec. 9. 1. Except as otherwise provided in subsection 2, at the request of a voter whose mail ballot has been prepared by or on behalf of the voter, a person authorized by the voter may return the mail ballot on behalf of the voter by mail or personal delivery
- 81st Session (2021)
– 10 – to the county clerk, or any ballot drop box established in the county, pursuant to section 8 of this act. 2. Except for an election board officer in the course of the election board officer’s official duties, a person shall not willfully: (a) Impede, obstruct, prevent or interfere with the return of a voter’s mail ballot; (b) Deny a voter the right to return the voter’s mail ballot; or (c) If the person receives the voter’s mail ballot and authorization to return the mail ballot on behalf of the voter by mail or personal delivery, fail to return the mail ballot, unless otherwise authorized by the voter, by mail or personal delivery: (1) Before the end of the third day after the day of receipt, if the person receives the mail ballot from the voter four or more days before the day of the election; or (2) Before the deadline established by the United States Postal Service for the mail ballot to be postmarked on the day of the election or before the polls close on the day of the election, as applicable to the type of delivery, if the person receives the mail ballot from the voter three or fewer days before the day of the election. 3. A person who violates any provision of subsection 2 is guilty of a category E felony and shall be punished as provided in NRS 193.130. Sec. 10. 1. The county clerk shall establish procedures for the processing and counting of mail ballots. 2. The procedures established pursuant to subsection 1: (a) May authorize mail ballots to be processed, verified and counted by computer or other electronic means; and (b) Must not conflict with the provisions of sections 3 to 15, inclusive, of this act. Sec. 11. 1. Except as otherwise provided in NRS 293D.200, when a mail ballot is returned by or on behalf of a voter to the county clerk, and a record of its return is made in the mail ballot record for the election, the clerk or an employee in the office of the clerk shall check the signature used for the mail ballot by electronic means pursuant to subsection 2 or manually pursuant to subsection 3. 2. To check the signature used for a mail ballot by electronic means: (a) The electronic device must take a digital image of the signature used for the mail ballot and compare the digital image with the signatures of the voter from his or her application to
- 81st Session (2021)
– 11 – register to vote or application to preregister to vote available in the records of the county clerk. (b) If the electronic device does not match the signature of the voter, the signature shall be reviewed manually pursuant to the provisions of subsection 3. 3. To check the signature used for a mail ballot manually, the county clerk shall use the following procedure: (a) The clerk or employee shall check the signature used for the mail ballot against all signatures of the voter available in the records of the clerk. (b) If at least two employees in the office of the clerk believe there is a reasonable question of fact as to whether the signature used for the mail ballot matches the signature of the voter, the clerk shall contact the voter and ask the voter to confirm whether the signature used for the mail ballot belongs to the voter. 4. For purposes of subsection 3: (a) There is a reasonable question of fact as to whether the signature used for the mail ballot matches the signature of the voter if the signature used for the mail ballot differs in multiple, significant and obvious respects from the signatures of the voter available in the records of the clerk. (b) There is not a reasonable question of fact as to whether the signature used for the mail ballot matches the signature of the voter if: (1) The signature used for the mail ballot is a variation of the signature of the voter caused by the substitution of initials for the first or middle name, the substitution of a different type of punctuation in the first, middle or last name, the use of a common nickname or the use of one last name for a person who has two last names and it does not otherwise differ in multiple, significant and obvious respects from the signatures of the voter available in the records of the clerk; or (2) There are only slight dissimilarities between the signature used for the mail ballot and the signatures of the voter available in the records of the clerk. 5. Except as otherwise provided in subsection 6, if the clerk determines that the voter is entitled to cast the mail ballot, the clerk shall deposit the mail ballot in the proper ballot box or place the mail ballot, unopened, in a container that must be securely locked or under the control of the clerk at all times. The clerk shall deliver the mail ballots to the mail ballot central counting board to be processed and prepared for counting.
- 81st Session (2021)
– 12 –
6. If the clerk determines when checking the signature used for the mail ballot that the voter failed to affix his or her signature or failed to affix it in the manner required by law for the mail ballot or that there is a reasonable question of fact as to whether the signature used for the mail ballot matches the signature of the voter, but the voter is otherwise entitled to cast the mail ballot, the clerk shall contact the voter and advise the voter of the procedures to provide a signature or a confirmation that the signature used for the mail ballot belongs to the voter, as applicable. For the mail ballot to be counted, the voter must provide a signature or a confirmation, as applicable, not later than 5 p.m. on the sixth day following the election. 7. The clerk shall prescribe procedures for a voter who failed to affix his or her signature or failed to affix it in the manner required by law for the mail ballot, or for whom there is a reasonable question of fact as to whether the signature used for the mail ballot matches the signature of the voter, in order to: (a) Contact the voter; (b) Allow the voter to provide a signature or a confirmation that the signature used for the mail ballot belongs to the voter, as applicable; and (c) After a signature or a confirmation is provided, as applicable, ensure the mail ballot is delivered to the mail ballot central counting board. 8. If there is a reasonable question of fact as to whether the signature used for the mail ballot matches the signature of the voter, the voter must be identified by: (a) Answering questions from the county clerk covering the personal data which is reported on the application to register to vote; (b) Providing the county clerk, orally or in writing, with other personal data which verifies the identity of the voter; or (c) Providing the county clerk with proof of identification as described in NRS 293.277 other than the voter registration card issued to the voter. 9. The procedures established pursuant to subsection 7 for contacting a voter must require the clerk to contact the voter, as soon as possible after receipt of the mail ballot, by: (a) Mail; (b) Telephone, if a telephone number for the voter is available in the records of the clerk; and
- 81st Session (2021)
– 13 –
(c) Electronic means, which may include, without limitation, electronic mail, if the voter has provided the clerk with sufficient information to contact the voter by such means. Sec. 12. 1. The county clerk shall appoint a mail ballot central counting board for the election. 2. The clerk shall appoint and notify voters to act as election board officers for the mail ballot central counting board in such numbers as the clerk determines to be required by the volume of mail ballots required to be sent to each active registered voter in the county for the election. The voters appointed as election board officers for the mail ballot central counting board must not all be of the same political party. No candidate for nomination or election or a relative of the candidate within the second degree of consanguinity or affinity may be appointed as such an election board officer. 3. The clerk’s deputies who perform duties in connection with elections shall be deemed officers of the mail ballot central counting board. 4. The mail ballot central counting board is under the direction of the clerk. Sec. 13. 1. The mail ballot central counting board may begin counting the received mail ballots 15 days before the day of the election. The board must complete the count of all mail ballots on or before the seventh day following the election. The counting procedure must be public. 2. If two or more mail ballots are found folded together to present the appearance of a single ballot, the mail ballots must be rejected and placed in an envelope, upon which must be written the reason for their rejection. The envelope must be signed by an election board officer and placed in the container or ballot box after the count is completed. Sec. 14. Except as otherwise provided in NRS 293D.200, each mail ballot central counting board shall process the mail ballots in the following manner: 1. The name of the voter, as shown on the return envelope, must be checked as if the voter were voting in person; 2. An election board officer shall indicate in the roster “Received” by the name of the voter; 3. If the board determines the voter is entitled to cast a mail ballot and all other processing steps have been completed, the return envelope must be opened and the mail ballot counted; 4. An election board officer shall indicate “Voted” by the name of the voter; and
- 81st Session (2021)
– 14 –
5. When all mail ballots delivered to the board have been voted or rejected, except as otherwise provided in NRS 293D.200, the empty envelopes and the envelopes containing rejected mail ballots must be returned to the clerk. On all envelopes containing rejected mail ballots, the cause of rejection must be noted and the envelope signed by an election board officer. Sec. 15. 1. The voting results of the mail ballot vote in each precinct must be certified and submitted to the county clerk, who shall have the results added to the votes of the precinct that were not cast by mail ballot. The returns of the mail ballot vote must be reported separately from the other votes that were not cast by mail ballot in the precinct unless reporting the returns separately would violate the secrecy of a voter’s ballot. 2. The clerk shall develop a procedure to ensure that each mail ballot is kept secret. 3. No voting results of mail ballots may be released until all polling places are closed and all votes have been cast on the day of the election. Any person who disseminates to the public in any way information pertaining to the count of mail ballots before all polling places are closed and all votes have been cast on the day of the election is guilty of a misdemeanor. Sec. 16. At least once each year, each county clerk and all members of his or her staff whose duties include administering an election must complete a training class on forensic signature verification that is approved by the Secretary of State. Sec. 17. If a county clerk uses an electronic device in an election to verify signatures on mail ballots: 1. The county clerk must conduct a test of the accuracy of the electronic devices before the election. The test must be conducted in a manner that ensures the electronic device will use the same standards for determining the validity of a signature as would be used by a natural person verifying the signature pursuant to section 11 of this act. 2. The county clerk must perform daily audits of each electronic device during the processing of mail ballots for the election. The daily audit must include a review of a sample of at least 1 percent of the signatures verified each day. The county clerk shall appoint election board officers who must not all be of the same political party to manually review the signatures. The county clerk must prepare a report of each daily audit. Sec. 18. NRS 293.010 is hereby amended to read as follows: 293.010 As used in this title, unless the context otherwise requires, the words and terms defined in NRS [293.013] 293.016
- 81st Session (2021)
– 15 – to 293.121, inclusive, and section 2 of this act, have the meanings ascribed to them in those sections. Sec. 19. NRS 293.093 is hereby amended to read as follows: 293.093 “Regular votes” means the votes cast by registered voters, except votes cast by: 1. [An absent] A mail ballot; 2. A provisional ballot pursuant to NRS 293.3078 to 293.3086, inclusive; or 3. A provisional ballot pursuant to NRS 293.5772 to 293.5887, inclusive. Sec. 20. NRS 293.206 is hereby amended to read as follows: 293.206 1. On or before the last day in March of every even- numbered year, the county clerk shall provide the Secretary of State and the Director of the Legislative Counsel Bureau with a copy or electronic file of a map showing the boundaries of all election precincts in the county. 2. If the Secretary of State determines that the boundaries of an election precinct do not comply with the provisions of NRS 293.205, the Secretary of State must provide the county clerk with a written statement of noncompliance setting forth the reasons the precinct is not in compliance. Within 15 days after receiving the notice of noncompliance, the county clerk shall make any adjustments to the boundaries of the precinct which are required to bring the precinct into compliance with the provisions of NRS 293.205 and shall submit a corrected copy or electronic file of the precinct map to the Secretary of State and the Director of the Legislative Counsel Bureau. 3. If the initial or corrected election precinct map is not filed as required pursuant to this section or the county clerk fails to make the necessary changes to the boundaries of an election precinct pursuant to subsection 2, the Secretary of State may establish appropriate precinct boundaries in compliance with the provisions of NRS 293.205 to [293.213,] 293.210, inclusive. If the Secretary of State revises the map pursuant to this subsection, the Secretary of State shall submit a copy or electronic file of the revised map to the Director of the Legislative Counsel Bureau and the appropriate county clerk. 4. As used in this section, “electronic file” includes, without limitation, an electronic data file of a geographic information system. Sec. 21. NRS 293.217 is hereby amended to read as follows: 293.217 1. The county clerk of each county shall appoint and notify registered voters to act as election board officers for the
- 81st Session (2021)
– 16 – various polling places in the county as provided in NRS 293.220 to [293.243,] 293.227, inclusive, and [293.384.] section 12 of this act. The registered voters appointed as election board officers for any polling place must not all be of the same political party. No candidate for nomination or election or a relative of the candidate within the second degree of consanguinity or affinity may be appointed as an election board officer. Immediately after election board officers are appointed, if requested by the county clerk, the sheriff shall: (a) Appoint a deputy sheriff for each polling place in the county and for the central election board or the [absent] mail ballot central counting board; or (b) Deputize as a deputy sheriff for the election an election board officer of each polling place in the county and for the central election board or the [absent] mail ballot central counting board. The deputized officer shall receive no additional compensation for services rendered as a deputy sheriff during the election for which the officer is deputized. Deputy sheriffs so appointed and deputized shall preserve order during hours of voting and attend closing of the polls. 2. The county clerk may appoint a trainee for the position of election board officer as set forth in NRS 293.2175. Sec. 22. NRS 293.250 is hereby amended to read as follows: 293.250 1. Except as otherwise provided in chapter 293D of NRS, the Secretary of State shall, in a manner consistent with the election laws of this State, prescribe: (a) The form of all ballots, [absent] mail ballots, diagrams, sample ballots, certificates, notices, declarations, applications to preregister and register to vote, lists, applications, registers, rosters, statements and abstracts required by the election laws of this State. (b) The procedures to be followed and the requirements of: (1) A system established pursuant to NRS 293.506 for using a computer to register voters and to keep records of registration. (2) The system established by the Secretary of State pursuant to NRS 293.671 for using a computer to register voters. 2. Except as otherwise provided in chapter 293D of NRS, the Secretary of State shall prescribe with respect to the matter to be printed on every kind of ballot: (a) The placement and listing of all offices, candidates and measures upon which voting is statewide, which must be uniform throughout the State. (b) The listing of all other candidates required to file with the Secretary of State, and the order of listing all offices, candidates and
- 81st Session (2021)
– 17 – measures upon which voting is not statewide, from which each county or city clerk shall prepare appropriate ballot forms for use in any election in his or her county. 3. The Secretary of State shall place the condensation of each proposed constitutional amendment or statewide measure near the spaces or devices for indicating the voter’s choice. 4. The fiscal note for, explanation of, arguments for and against, and rebuttals to such arguments of each proposed constitutional amendment or statewide measure must be included on all sample ballots. 5. The condensations and explanations for constitutional amendments and statewide measures proposed by initiative or referendum must be prepared by the Secretary of State, upon consultation with the Attorney General. The arguments and rebuttals for or against constitutional amendments and statewide measures proposed by initiative or referendum must be prepared in the manner set forth in NRS 293.252. The fiscal notes for constitutional amendments and statewide measures proposed by initiative or referendum must be prepared by the Secretary of State, upon consultation with the Fiscal Analysis Division of the Legislative Counsel Bureau. The condensations, explanations, arguments, rebuttals and fiscal notes must be in easily understood language and of reasonable length, and whenever feasible must be completed by August 1 of the year in which the general election is to be held. The explanations must include a digest. The digest must include a concise and clear summary of any existing laws directly related to the constitutional amendment or statewide measure and a summary of how the constitutional amendment or statewide measure adds to, changes or repeals such existing laws. For a constitutional amendment or statewide measure that creates, generates, increases or decreases any public revenue in any form, the first paragraph of the digest must include a statement that the constitutional amendment or statewide measure creates, generates, increases or decreases, as applicable, public revenue. 6. The names of candidates for township and legislative or special district offices must be printed only on the ballots furnished to voters of that township or district. 7. A county clerk: (a) May divide paper ballots into two sheets in a manner which provides a clear understanding and grouping of all measures and candidates. (b) Shall prescribe the color or colors of the ballots and voting receipts used in any election which the clerk is required to conduct.
- 81st Session (2021)
– 18 –
Sec. 23. NRS 293.2693 is hereby amended to read as follows: 293.2693 If a county or city uses paper ballots, including, without limitation, for [absent] mail ballots , [and ballots voted in a mailing precinct,] the county or city clerk shall provide a voter education program specific to the voting system used by the county or city. The voter education program must include, without limitation, information concerning the effect of overvoting and the procedures for correcting a vote on a ballot before it is cast and counted and for obtaining a replacement ballot. Sec. 24. NRS 293.272 is hereby amended to read as follows: 293.272 1. Except as otherwise provided in subsection 2 and in NRS 293.2725 and 293.3083, a person who registered by mail or computer to vote shall, for the first election in which the person votes at which that registration is valid, vote in person unless he or she has previously voted in the county in which he or she is registered to vote. 2. The provisions of subsection 1 do not apply to a person who: (a) [Is entitled to vote in the manner prescribed in NRS 293.343 to 293.355, inclusive; (b)] Is entitled to vote [an absent ballot] otherwise than in person pursuant to federal law [, NRS 293.316] or chapter 293D of NRS; [(c)] (b) Is disabled; [(d)] (c) Is provided the right to vote otherwise than in person pursuant to the Voting Accessibility for the Elderly and Handicapped Act, 52 U.S.C. §§ 20101 et seq.; [(e) Submits or has previously submitted a written request for an absent ballot that is signed by the registered voter before a notary public or other person authorized to administer an oath; (f) Requests an absent ballot in person at the office of the county clerk;] or [(g)] (d) Is sent a mail ballot pursuant to the provisions of [NRS 293.8847] section 4 of this act and includes a copy of the information required pursuant to paragraph (b) of subsection 1 of NRS 293.2725 with his or her voted mail ballot, if required pursuant to [NRS 293.8851.] section 5 of this act. Sec. 25. NRS 293.2725 is hereby amended to read as follows: 293.2725 1. Except as otherwise provided in subsection 2, in NRS 293.3081, 293.3083 and 293.5772 to 293.5887, inclusive, and in federal law, a person who registers to vote by mail or computer , [or registers to vote pursuant to NRS 293.5742,] or a person who preregisters to vote by mail or computer and is subsequently deemed
- 81st Session (2021)
– 19 – to be registered to vote, and who has not previously voted in an election for federal office in this State: (a) May vote at a polling place only if the person presents to the election board officer at the polling place: (1) A current and valid photo identification of the person, which shows his or her physical address; or (2) A copy of a current utility bill, bank statement, paycheck, or document issued by a governmental entity, including a check which indicates the name and address of the person, but not including a voter registration card; and (b) May vote by mail only if the person provides to the county or city clerk: (1) A copy of a current and valid photo identification of the person, which shows his or her physical address; or (2) A copy of a current utility bill, bank statement, paycheck, or document issued by a governmental entity, including a check which indicates the name and address of the person, but not including a voter registration card. If there is a question as to the physical address of the person, the election board officer or clerk may request additional information. 2. The provisions of subsection 1 do not apply to a person who: (a) Registers to vote by mail or computer, or preregisters to vote by mail or computer and is subsequently deemed to be registered to vote, and submits with an application to preregister or register to vote: (1) A copy of a current and valid photo identification; or (2) A copy of a current utility bill, bank statement, paycheck, or document issued by a governmental entity, including a check which indicates the name and address of the person, but not including a voter registration card; (b) Except as otherwise provided in subsection 3, registers to vote by mail or computer and submits with an application to register to vote a driver’s license number or at least the last four digits of his or her social security number, if a state or local election official has matched that information with an existing identification record bearing the same number, name and date of birth as provided by the person in the application; (c) Registers to vote pursuant to NRS 293.5742, and at that time presents to the Department of Motor Vehicles: (1) A copy of a current and valid photo identification; (2) A copy of a current utility bill, bank statement, paycheck or document issued by a governmental entity, including a check
- 81st Session (2021)
– 20 – which indicates the name and address of the person, but not including a voter registration card; or (3) A driver’s license number or at least the last four digits of his or her social security number, if a state or local election official has matched that information with an existing identification record bearing the same number, name and date of birth as provided by the person in the application; (d) Is entitled to vote an absent ballot pursuant to the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. §§ 20301 et seq.; (e) Is provided the right to vote otherwise than in person under the Voting Accessibility for the Elderly and Handicapped Act, 52 U.S.C. §§ 20101 et seq.; or (f) Is entitled to vote otherwise than in person under any other federal law. 3. The provisions of subsection 1 apply to a person described in paragraph (b) of subsection 2 if the voter registration card issued to the person is mailed by the county clerk to the person and returned to the county clerk by the United States Postal Service. Sec. 26. NRS 293.2733 is hereby amended to read as follows: 293.2733 1. If an Indian reservation or Indian colony is located in whole or in part within a county, the Indian tribe may submit a request to the county clerk for the establishment [of a polling place] within the boundaries of the Indian reservation or Indian colony for the day of a primary election or general election [.] of: (a) A polling place; (b) A ballot drop box; or (c) Both a polling place and a ballot drop box. 2. A request for the establishment of a polling place , a ballot drop box or both a polling place and a ballot drop box within the boundaries of an Indian reservation or Indian colony for the day of a primary election or general election: (a) Must be submitted to the county clerk by the Indian tribe on or before: (1) If the request is for a primary election, [the first Friday in January] March 1 of the year in which the primary election is to be held. (2) If the request is for a general election, [the first Friday in July] August 1 of the year in which the general election is to be held. (b) May include one or more proposed locations within the boundaries of the Indian reservation or Indian colony for the polling
- 81st Session (2021)
– 21 – place [.] or ballot drop box. Any proposed location must satisfy the criteria the county clerk uses for the establishment of any other polling place [.] or ballot drop box, as applicable. 3. Except as otherwise provided in this subsection, if the county clerk receives a request that satisfies the requirements set forth in subsection 2, the county clerk must establish at least one polling place or ballot box, as applicable within the boundaries of the Indian reservation or Indian colony at a location or locations, as applicable, approved by the Indian tribe for the day of a primary election or general election. The county clerk is not required to establish a polling place within the boundaries of an Indian reservation or Indian colony for the day of a primary election or general election if the county clerk established a temporary branch polling place for early voting pursuant to NRS 293.3572 within the boundaries of the Indian reservation or Indian colony for the same election. 4. If the county clerk establishes one or more polling places or ballot drop boxes within the boundaries of an Indian reservation or Indian colony pursuant to subsection 3 for the day of a primary election or general election, the county clerk must continue to establish one or more polling places or ballot drop boxes within the boundaries of the Indian reservation or Indian colony at a location or locations approved by the Indian tribe for the day of any future primary election or general election unless otherwise requested by the Indian tribe. Sec. 27. NRS 293.285 is hereby amended to read as follows: 293.285 1. Except as otherwise provided in NRS 293.283 and 293.5772 to 293.5887, inclusive: (a) A registered voter applying to vote shall state his or her name to the election board officer in charge of the roster; and (b) The election board officer shall: (1) Announce the name of the registered voter; (2) Instruct the registered voter to sign the roster or signature card; (3) Verify the signature of the registered voter in the manner set forth in NRS 293.277; and (4) Verify that the registered voter has not already voted in that county in the current election. 2. If the signature does not match, the voter must be identified by: (a) Answering questions from the election board officer covering the personal data which is reported on the application to register to vote;
- 81st Session (2021)
– 22 –
(b) Providing the election board officer, orally or in writing, with other personal data which verifies the identity of the voter; or (c) Providing the election board officer with proof of identification as described in NRS 293.277 other than the voter registration card issued to the voter. 3. If the signature of the voter has changed in comparison to the signature on the application to preregister or register to vote, the voter must update his or her signature on a form prescribed by the Secretary of State. 4. For the purposes of subsection 2, the personal data of a voter may include his or her date of birth. Sec. 28. NRS 293.3572 is hereby amended to read as follows: 293.3572 1. In addition to permanent polling places for early voting, except as otherwise provided in subsection 4, the county clerk may establish temporary branch polling places for early voting which may include, without limitation, the clerk’s office pursuant to NRS 293.3561. 2. If an Indian reservation or Indian colony is located in whole or in part within a county, the Indian tribe may submit a request to the county clerk for the establishment of a temporary branch polling place for early voting within the boundaries of the Indian reservation or Indian colony. 3. A request for the establishment of a temporary branch polling place for early voting within the boundaries of the Indian reservation or Indian colony: (a) Must be submitted to the county clerk by the Indian tribe on or before: (1) If the request is for a primary election, [the first Friday in January] March 1 of the year in which the general election is to be held. (2) If the request is for a general election, [the first Friday in July] August 1 of the year in which the general election is to be held. (b) May include one or more proposed locations within the boundaries of the Indian reservation or Indian colony for the temporary branch polling place and proposed hours of operation thereof. Any proposed location must satisfy the criteria established by the county clerk for the selection of temporary branch polling places pursuant to NRS 293.3561. 4. Except as otherwise provided in this subsection, if the county clerk receives a request that satisfies the requirements set forth in subsection 3, the county clerk must establish at least one temporary branch polling place for early voting within the
- 81st Session (2021)
– 23 – boundaries of the Indian reservation or Indian colony. The location and hours of operation of such a temporary branch polling place for early voting must be approved by the Indian tribe. The county clerk is not required to establish a temporary branch polling place within the boundaries of the Indian reservation or Indian colony if the county clerk determines that it is not logistically feasible to establish a temporary branch polling place within the boundaries of the Indian reservation or Indian colony. 5. If the county clerk establishes one or more temporary branch polling places within the boundaries of an Indian reservation or Indian colony pursuant to subsection 4 for early voting, the county clerk must continue to establish one or more temporary branch polling places within the boundaries of the Indian reservation or Indian colony at a location or locations approved by the Indian tribe for early voting in future elections unless otherwise requested by the Indian tribe. 6. The provisions of subsection 3 of NRS 293.3568 do not apply to a temporary branch polling place. Voting at a temporary branch polling place may be conducted on any one or more days and during any hours within the period for early voting by personal appearance, as determined by the county clerk. 7. The schedules for conducting voting are not required to be uniform among the temporary branch polling places. 8. The legal rights and remedies which inure to the owner or lessor of private property are not impaired or otherwise affected by the leasing of the property for use as a temporary branch polling place for early voting, except to the extent necessary to conduct early voting at that location. Sec. 29. NRS 293.3585 is hereby amended to read as follows: 293.3585 1. Except as otherwise provided in NRS 293.283 and 293.5772 to 293.5887, inclusive, upon the appearance of a person to cast a ballot for early voting, an election board officer shall: (a) Determine that the person is a registered voter in the county. (b) Instruct the voter to sign the roster for early voting or a signature card. (c) Verify the signature of the voter in the manner set forth in NRS 293.277. (d) Verify that the voter has not already voted in that county in the current election. 2. If the signature of the voter does not match, the voter must be identified by:
- 81st Session (2021)
– 24 –
(a) Answering questions from the election board officer covering the personal data which is reported on the application to register to vote; (b) Providing the election board officer, orally or in writing, with other personal data which verifies the identity of the voter; or (c) Providing the election board officer with proof of identification as described in NRS 293.277 other than the voter registration card issued to the voter. 3. If the signature of the voter has changed in comparison to the signature on the application to register to vote, the voter must update his or her signature on a form prescribed by the Secretary of State. 4. The county clerk shall prescribe a procedure, approved by the Secretary of State, to verify that the voter has not already voted in that county in the current election. 5. The roster for early voting or a signature card, as applicable, must contain: (a) The voter’s name, the address where he or she is registered to vote, his or her voter identification number and a place for the voter’s signature; (b) The voter’s precinct or voting district number, if that information is available; and (c) The date of voting early in person. 6. When a voter is entitled to cast a ballot and has identified himself or herself to the satisfaction of the election board officer, the voter is entitled to receive the appropriate ballot or ballots, but only for his or her own use at the polling place for early voting. 7. If the ballot is voted on a mechanical recording device which directly records the votes electronically, the election board officer shall: (a) Prepare the mechanical recording device for the voter; (b) Ensure that the voter’s precinct or voting district, if that information is available, and the form of ballot are indicated on the voting receipt, if the county clerk uses voting receipts; and (c) Allow the voter to cast a vote. 8. A voter applying to vote early by personal appearance may be challenged pursuant to NRS 293.303. 9. For the purposes of subsection 2, the personal data of a voter may include his or her date of birth. Sec. 30. NRS 293.3625 is hereby amended to read as follows: 293.3625 The county clerk shall make a record of the receipt at the central counting place of each sealed container used to transport official ballots pursuant to NRS 293.304, [293.325,] 293B.330
- 81st Session (2021)
– 25 – and 293B.335. The record must include the numbers indicated on the container and its seal pursuant to NRS 293.462. Sec. 31. NRS 293.363 is hereby amended to read as follows: 293.363 [Except as otherwise provided for an affected election that is subject to the provisions of NRS 293.8801 to 293.8887, inclusive:] 1. When the polls are closed, the counting board shall prepare to count the ballots voted. The counting procedure must be public and continue without adjournment until completed. 2. If the ballots are paper ballots, the counting board shall prepare in the following manner: (a) The container that holds the ballots or the ballot box must be opened and the ballots contained therein counted by the counting board and opened far enough to ascertain whether each ballot is single. If two or more ballots are found folded together to present the appearance of a single ballot, they must be laid aside until the count of the ballots is completed. If a majority of the inspectors are of the opinion that the ballots folded together were voted by one person, the ballots must be rejected and placed in an envelope, upon which must be written the reason for their rejection. The envelope must be signed by the counting board officers and placed in the container or ballot box after the count is completed. (b) If the ballots in the container or box are found to exceed in number the number of names as are indicated on the roster as having voted, the ballots must be replaced in the container or box, and a counting board officer, with his or her back turned to the container or box, shall draw out a number of ballots equal to the excess. The excess ballots must be marked on the back thereof with the words “Excess ballots not counted.” The ballots when so marked must be immediately sealed in an envelope and returned to the county clerk with the other ballots rejected for any cause. (c) When it has been ascertained that the number of ballots agrees with the number of names of registered voters shown to have voted, the board shall proceed to count. If there is a discrepancy between the number of ballots and the number of voters, a record of the discrepancy must be made. Sec. 32. NRS 293.365 is hereby amended to read as follows: 293.365 Except as otherwise provided [for an affected election that is subject to the provisions of NRS 293.8801 to 293.8887, inclusive,] in section 13 of this act, no counting board in any precinct, district or polling place in which paper ballots are used may commence to count the votes until all ballots used or unused are accounted for.
- 81st Session (2021)
– 26 –
Sec. 33. NRS 293.387 is hereby amended to read as follows: 293.387 1. As soon as the returns from all the precincts and districts in any county have been received by the board of county commissioners, the board shall meet and canvass the returns. The canvass must be completed on or before the 10th day following the election . [or, if applicable, the 13th day following an affected election that is subject to the provisions of NRS 293.8801 to 293.8887, inclusive.] 2. In making its canvass, the board shall: (a) Note separately any clerical errors discovered; and (b) Take account of the changes resulting from the discovery, so that the result declared represents the true vote cast. 3. The county clerk shall, as soon as the result is declared, enter upon the records of the board an abstract of the result, which must contain the number of votes cast for each candidate. The board, after making the abstract, shall cause the county clerk to certify the abstract and, by an order made and entered in the minutes of its proceedings, to make: (a) A copy of the certified abstract; and (b) A mechanized report of the abstract in compliance with regulations adopted by the Secretary of State, and transmit them to the Secretary of State on or before the 10th day following the election . [or, if applicable, the 13th day following an affected election that is subject to the provisions of NRS 293.8801 to 293.8887, inclusive.] 4. The Secretary of State shall, immediately after any primary election, compile the returns for all candidates voted for in more than one county. The Secretary of State shall make out and file in his or her office an abstract thereof, and shall certify to the county clerk of each county the name of each person nominated, and the name of the office for which the person is nominated. Sec. 34. NRS 293.391 is hereby amended to read as follows: 293.391 1. The voted ballots, rejected ballots, spoiled ballots, challenge lists, records printed on paper of voted ballots collected pursuant to NRS 293B.400, reports prepared pursuant to section 17 of this act and stubs of the ballots used, enclosed and sealed, must, after canvass of the votes by the board of county commissioners, be deposited in the vaults of the county clerk. The records of voted ballots that are maintained in electronic form must, after canvass of the votes by the board of county commissioners, be sealed and deposited in the vaults of the county clerk. The tally lists collected pursuant to this title must, after canvass of the votes by the board of county commissioners, be deposited in the vaults of the
- 81st Session (2021)
– 27 – county clerk without being sealed. All materials described by this subsection must be preserved for at least 22 months, and all such sealed materials must be destroyed immediately after the preservation period. A notice of the destruction must be published by the clerk in at least one newspaper of general circulation in the county not less than 2 weeks before the destruction. 2. Unused ballots, enclosed and sealed, must, after canvass of the votes by the board of county commissioners, be deposited in the vaults of the county clerk and preserved for at least the period during which the election may be contested and adjudicated, after which the unused ballots may be destroyed. 3. The rosters containing the signatures of those persons who voted in the election and the tally lists deposited with the board of county commissioners are subject to the inspection of any elector who may wish to examine them at any time after their deposit with the county clerk. 4. A contestant of an election may inspect all of the material regarding that election which is preserved pursuant to subsection 1 or 2, except the voted ballots and records printed on paper of voted ballots collected pursuant to NRS 293B.400 which are deposited with the county clerk. 5. The voted ballots and records printed on paper of voted ballots collected pursuant to NRS 293B.400 which are deposited with the county clerk are not subject to the inspection of anyone, except in cases of a contested election, and then only by the judge, body or board before whom the election is being contested, or by the parties to the contest, jointly, pursuant to an order of such judge, body or board. Sec. 35. NRS 293.393 is hereby amended to read as follows: 293.393 1. On or before the 10th day after any general election or any other election at which votes are cast for any United States Senator, Representative in Congress, member of the Legislature or any state officer who is elected statewide , [or, if applicable, on or before the 13th day after an affected election that is subject to the provisions of NRS 293.8801 to 293.8887, inclusive,] the board of county commissioners shall open the returns of votes cast and make abstracts of the votes. 2. Abstracts of votes must be prepared in the manner prescribed by the Secretary of State by regulation. 3. The county clerk shall make out a certificate of election to each of the persons having the highest number of votes for the district, county and township offices.
- 81st Session (2021)
– 28 –
4. Each certificate must be delivered to the person elected upon application at the office of the county clerk. Sec. 36. NRS 293.462 is hereby amended to read as follows: 293.462 1. Each container used to transport official ballots pursuant to NRS 293.304, [293.325,] 293B.330 and 293B.335 must: (a) Be constructed of metal or any other rigid material; and (b) Contain a seal which is placed on the container to ensure detection of any opening of the container. 2. The container and seal must be separately numbered for identification. Sec. 37. NRS 293.464 is hereby amended to read as follows: 293.464 1. If a court of competent jurisdiction orders a county to extend the deadline for voting beyond the statutory deadline in a particular election, the county clerk shall, as soon as practicable after receiving notice of the court’s decision: (a) Cause notice of the extended deadline to be published in a newspaper of general circulation in the county; and (b) Transmit a notice of the extended deadline to each registered voter who [requested an absent voter’s] received a mail ballot for the election and has not returned the mail ballot before the date on which the notice will be transmitted. 2. The notice required pursuant to paragraph (a) of subsection 1 must be published: (a) In a county whose population is 47,500 or more, on at least 3 successive days. (b) In a county whose population is less than 47,500, at least twice in successive issues of the newspaper. Sec. 38. NRS 293.4688 is hereby amended to read as follows: 293.4688 1. The Secretary of State shall ensure that: (a) All public information that is included on the Internet website required pursuant to NRS 293.4687 is accessible on a mobile device; and (b) A person may use a mobile device to submit any information or form related to elections that a person may otherwise submit electronically to the Secretary of State, including, without limitation, an application to preregister or register to vote [, a request for an absent ballot] and a request for a military-overseas ballot. 2. As used in this section: (a) “Military-overseas ballot” has the meaning ascribed to it in NRS 293D.050. (b) “Mobile device” includes, without limitation, a smartphone or a tablet computer.
- 81st Session (2021)
– 29 –
Sec. 39. NRS 293.469 is hereby amended to read as follows: 293.469 Each county clerk is encouraged to: 1. Not later than the earlier date of the notice provided pursuant to NRS 293.203 or the first notice provided pursuant to subsection 3 of NRS 293.560, notify the public, through means designed to reach members of the public who are elderly or disabled, of the provisions of NRS 293.2955, 293.296 [, 293.313, 293.316] and [293.3165.] section 3 of this act. 2. Provide in alternative audio and visual formats information concerning elections, information concerning how to preregister or register to vote and information concerning the manner of voting for use by a person who is elderly or disabled, including, without limitation, providing such information through a telecommunications device that is accessible to a person who is deaf. 3. Not later than 5 working days after receiving the request of a person who is elderly or disabled, provide to the person, in a format that can be used by the person, any requested material that is: (a) Related to elections; and (b) Made available by the county clerk to the public in printed form. Sec. 40. NRS 293.5002 is hereby amended to read as follows: 293.5002 1. The Secretary of State shall establish procedures to allow a person for whom a fictitious address has been issued pursuant to NRS 217.462 to 217.471, inclusive, to: (a) Preregister or register to vote; and (b) Vote by [absent] mail ballot, without revealing the confidential address of the person. 2. In addition to establishing appropriate procedures or developing forms pursuant to subsection 1, the Secretary of State shall develop a form to allow a person for whom a fictitious address has been issued to preregister or register to vote or to change the address of the person’s current preregistration or registration, as applicable. The form must include: (a) A section that contains the confidential address of the person; and (b) A section that contains the fictitious address of the person. 3. Upon receiving a completed form from a person for whom a fictitious address has been issued, the Secretary of State shall: (a) On the portion of the form that contains the fictitious address of the person, indicate the county and precinct in which the person will vote and forward this portion of the form to the appropriate county clerk; and
- 81st Session (2021)
– 30 –
(b) File the portion of the form that contains the confidential address. 4. [Notwithstanding any other provision of law, any request received by the Secretary of State pursuant to subsection 3 shall be deemed a request for a permanent absent ballot. 5.] Notwithstanding any other provision of law: (a) The Secretary of State and each county clerk shall keep the portion of the form developed pursuant to subsection 2 that he or she retains separate from other applications for preregistration or registration. (b) The county clerk shall not make the name, confidential address or fictitious address of the person who has been issued a fictitious address available for: (1) Inspection or copying; or (2) Inclusion in any list that is made available for public inspection, unless directed to do so by lawful order of a court of competent jurisdiction. Sec. 41. NRS 293.502 is hereby amended to read as follows: 293.502 1. An elector: (a) Who complies with the requirements for registration set forth in the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. §§ 20301 et seq.; (b) Who, not more than 60 days before an election: (1) Is discharged from the Armed Forces of the United States or is the spouse or dependent of an elector who is discharged from the Armed Forces; or (2) Is separated from employment outside the territorial limits of the United States or is the spouse or dependent of an elector who is separated from employment outside the territorial limits of the United States; (c) Who presents evidence of the discharge from the Armed Forces or separation from employment described in paragraph (b) to the county clerk; and (d) Is not registered to vote at the close of registration for that election, must be allowed to register to vote in the election. 2. Such an elector must: (a) Register in person; and (b) Vote in the office of the county clerk unless the elector is otherwise entitled to vote [an absent] a mail ballot pursuant to federal law.
- 81st Session (2021)
– 31 –
3. The Secretary of State shall adopt regulations to carry out a program of registration for such electors. Sec. 42. NRS 293.541 is hereby amended to read as follows: 293.541 1. The county clerk shall cancel the preregistration of a person or the registration of a voter if: (a) After consultation with the district attorney, the district attorney determines that there is probable cause to believe that information in the application to preregister or register to vote concerning the identity or residence of the person or voter is fraudulent; (b) The county clerk provides a notice as required pursuant to subsection 2 or executes an affidavit of cancellation pursuant to subsection 3; and (c) The person or voter fails to present satisfactory proof of identity and residence pursuant to subsection 2, 4 or 5. 2. Except as otherwise provided in subsection 3, the county clerk shall notify the person or voter by registered or certified mail, return receipt requested, of a determination made pursuant to subsection 1. The notice must set forth the grounds for cancellation. Unless the person or voter, within 15 days after the return receipt has been filed in the office of the county clerk, presents satisfactory proof of identity and residence to the county clerk, the county clerk shall cancel the person’s preregistration or the voter’s registration, as applicable. 3. If insufficient time exists before a pending election to provide the notice required by subsection 2 to a registered voter, the county clerk shall execute an affidavit of cancellation and file the affidavit of cancellation with the registrar of voters’ register and: (a) In counties where records of registration are not kept by computer, the county clerk shall attach a copy of the affidavit of cancellation in the roster. (b) In counties where records of registration are kept by computer, the county clerk shall have the affidavit of cancellation printed on the computer entry for the registration and add a copy of it to the roster. 4. If a voter appears to vote at the election next following the date that an affidavit of cancellation was executed for the voter pursuant to this section, the voter must be allowed to vote only if the voter furnishes: (a) Official identification which contains a photograph of the voter, including, without limitation, a driver’s license or other official document; and
- 81st Session (2021)
– 32 –
(b) Satisfactory identification that contains proof of the address at which the voter actually resides and that address is consistent with the address listed on the roster. 5. If a determination is made pursuant to subsection 1 concerning information in the registration to vote of a voter and [an absent] a mail ballot [or a ballot voted by a voter who resides in a mailing precinct] is received from the voter, the ballot must be kept separate from other ballots and must not be counted unless the voter presents satisfactory proof to the county clerk of identity and residence before such ballots are counted on election day. 6. For the purposes of this section, a voter registration card does not provide proof of the: (a) Address at which a person actually resides; or (b) Residence or identity of a person. Sec. 42.5. NRS 293.560 is hereby amended to read as follows: 293.560 1. Except as otherwise provided in NRS 293.502, 293.5772 to 293.5887, inclusive, 293D.230 and 293D.300: (a) For a primary or general election, or a recall or special election that is held on the same day as a primary or general election, the last day to register to vote: (1) By mail is the fourth Tuesday preceding the primary or general election. (2) By appearing in person at the office of the county clerk or, if open, a county facility designated pursuant to NRS 293.5035, is the fourth Tuesday preceding the primary or general election. (3) By computer, if the county clerk has established a system pursuant to NRS 293.506 for using a computer to register voters, is the Thursday preceding the primary or general election, unless the system is used to register voters for the election pursuant to NRS 293.5842 or 293.5847. (4) By computer using the system established by the Secretary of State pursuant to NRS 293.671, is the [Thursday preceding] day of the primary or general election . [, unless the system is used to register voters for the election pursuant to NRS 293.5842 or 293.5847.] (b) If a recall or special election is not held on the same day as a primary or general election, the last day to register to vote for the recall or special election by any method of registration is the third Saturday preceding the recall or special election. 2. Except as otherwise provided in NRS 293.5772 to 293.5887, inclusive, after the deadlines for the close of registration for a primary or general election set forth in subsection 1, no person may register to vote for the election.
- 81st Session (2021)
– 33 –
3. Except for a recall or special election held pursuant to chapter 306 or 350 of NRS: (a) The county clerk of each county shall cause a notice signed by him or her to be published in a newspaper having a general circulation in the county indicating: (1) The day and time that each method of registration for the election, as set forth in subsection 1, will be closed; and (2) If the county clerk has designated a county facility pursuant to NRS 293.5035, the location of that facility. If no such newspaper is published in the county, the publication may be made in a newspaper of general circulation published in the nearest county in this State. (b) The notice must be published once each week for 4 consecutive weeks next preceding the day that the last method of registration for the election, as set forth in subsection 1, will be closed. 4. The offices of the county clerk, a county facility designated pursuant to NRS 293.5035 and other ex officio registrars may remain open on the last Friday in October in each even-numbered year. 5. A county facility designated pursuant to NRS 293.5035 may be open during the periods described in this section for such hours of operation as the county clerk may determine, as set forth in subsection 3 of NRS 293.5035. Sec. 43. NRS 293.5837 is hereby amended to read as follows: 293.5837 1. [Through the Thursday preceding the day of the election, an] An elector may register to vote in the county or city, as applicable, in which the elector is eligible to vote by submitting an application to register to vote by computer using the system established by the Secretary of State pursuant to NRS 293.671 before the elector appears at a polling place described in subsection 2 to vote in person. 2. If an elector submits an application to register to vote pursuant to this section [,] less than 14 days before the election, the elector may vote only in person: (a) During the period for early voting, at any polling place for early voting by personal appearance in the county or city, as applicable, in which the elector is eligible to vote; or (b) On the day of the election, at: (1) A polling place established pursuant to NRS 293.3072 [, 293.8834] or 293C.3032 in the county or city, as applicable, in which the elector is eligible to vote; or (2) The polling place for his or her election precinct.
- 81st Session (2021)
– 34 –
3. To vote in person, an elector who submits an application to register to vote pursuant to this section must: (a) Appear before the close of polls at a polling place described in subsection 2; (b) Inform an election board officer that, before appearing at the polling place, the elector submitted an application to register to vote by computer using the system established by the Secretary of State pursuant to NRS 293.671; and (c) Except as otherwise provided in subsection 4, provide his or her current and valid driver’s license or identification card issued by the Department of Motor Vehicles which shows his or her physical address as proof of the elector’s identity and residency. 4. If the driver’s license or identification card issued by the Department of Motor Vehicles to the elector does not have the elector’s current residential address, the following documents may be used to establish the residency of the elector if the current residential address of the elector, as indicated on his or her application to register to vote, is displayed on the document: (a) A military identification card; (b) A utility bill, including, without limitation, a bill for electric, gas, oil, water, sewer, septic, telephone, cellular telephone or cable television service; (c) A bank or credit union statement; (d) A paycheck; (e) An income tax return; (f) A statement concerning the mortgage, rental or lease of a residence; (g) A motor vehicle registration; (h) A property tax statement; or (i) Any other document issued by a governmental agency. 5. Subject to final verification, if an elector submits an application to register to vote and appears at a polling place to vote in person pursuant to this section: (a) The elector shall be deemed to be conditionally registered to vote at the polling place upon: (1) The determination that the elector submitted the application to register to vote by computer using the system established by the Secretary of State pursuant to NRS 293.671 and that the application to register to vote is complete; and (2) The verification of the elector’s identity and residency pursuant to this section. (b) After the elector is deemed to be conditionally registered to vote at the polling place pursuant to paragraph (a), the elector:
- 81st Session (2021)
– 35 –
(1) May vote in the election only at that polling place; (2) Must vote as soon as practicable and before leaving that polling place; and (3) Must vote by casting a provisional ballot, unless it is verified, at that time, that the elector is qualified to register to vote and to cast a regular ballot in the election at that polling place. Sec. 44. NRS 293.675 is hereby amended to read as follows: 293.675 1. The Secretary of State shall establish and maintain an official statewide voter registration list, which may be maintained on the Internet, in consultation with each county and city clerk. 2. The statewide voter registration list must: (a) Be a uniform, centralized and interactive computerized list; (b) Serve as the single method for storing and managing the official list of registered voters in this State; (c) Serve as the official list of registered voters for the conduct of all elections in this State; (d) Contain the name and registration information of every legally registered voter in this State; (e) Include a unique identifier assigned by the Secretary of State to each legally registered voter in this State; (f) Except as otherwise provided in subsection [7,] 8, be coordinated with the appropriate databases of other agencies in this State; (g) Be electronically accessible to each state and local election official in this State at all times; (h) Except as otherwise provided in subsection [8,] 9, allow for data to be shared with other states under certain circumstances; and (i) Be regularly maintained to ensure the integrity of the registration process and the election process. 3. Each county and city clerk shall: (a) Except for information related to the preregistration of persons to vote, electronically enter into the statewide voter registration list all information related to voter registration obtained by the county or city clerk at the time the information is provided to the county or city clerk; and (b) Provide the Secretary of State with information concerning the voter registration of the county or city and other reasonable information requested by the Secretary of State in the form required by the Secretary of State to establish or maintain the statewide voter registration list. 4. In establishing and maintaining the statewide voter registration list, the Secretary of State shall enter into a cooperative
- 81st Session (2021)
– 36 – agreement with the Department of Motor Vehicles to match information in the database of the statewide voter registration list with information in the appropriate database of the Department of Motor Vehicles to verify the accuracy of the information in an application to register to vote. 5. The Department of Motor Vehicles shall enter into an agreement with the Social Security Administration pursuant to 52 U.S.C. § 21083, to verify the accuracy of information in an application to register to vote. 6. The Department of Motor Vehicles shall ensure that its database: (a) Is capable of processing any information related to an application to register to vote, an application to update voter registration information or a request to verify the accuracy of voter registration information as quickly as is feasible; and (b) Does not limit the number of applications to register to vote, applications to update voter registration information or requests to verify the accuracy of voter registration information that may be processed by the database in any given day. 7. The Secretary of State shall enter into a cooperative agreement with the State Registrar of Vital Statistics to match information in the database of the statewide voter registration list with information in the records of State Registrar of Vital Statistics concerning the death of a resident of this State to maintain the statewide voter registration list. The Secretary of State must compare the records of the State Registrar of Vital Statistics to those in the statewide voter registration list at least once per month. 8. Except as otherwise provided in NRS 481.063 or any provision of law providing for the confidentiality of information, the Secretary of State may enter into an agreement with an agency of this State pursuant to which the agency provides to the Secretary of State any information in the possession of the agency that the Secretary of State deems necessary to maintain the statewide voter registration list. [8.] 9. The Secretary of State may: (a) Request from the chief officer of elections of another state any information which the Secretary of State deems necessary to maintain the statewide voter registration list; and (b) Provide to the chief officer of elections of another state any information which is requested and which the Secretary of State deems necessary for the chief officer of elections of that state to maintain a voter registration list, if the Secretary of State is satisfied
- 81st Session (2021)
– 37 – that the information provided pursuant to this paragraph will be used only for the maintenance of that voter registration list. Sec. 45. NRS 293.730 is hereby amended to read as follows: 293.730 1. Except for an election board officer in the course of the election board officer’s official duties, a person shall not: (a) Remain in or outside of any polling place so as to interfere with the conduct of the election. (b) Accept from any voter a ballot prepared by or on behalf of the voter, other than [an absent ballot, mailing ballot,] a mail ballot or military-overseas ballot prepared by or on behalf of the voter with his or her authorization pursuant to this title. (c) Remove a ballot from any polling place before the closing of the polls. (d) Apply for or receive a ballot at any election precinct or district other than one at which the person is entitled to vote. (e) Show his or her ballot to another person, after voting, so as to reveal any of his or her votes on the ballot, other than on his or her [absent ballot, mailing ballot,] mail ballot or military-overseas ballot prepared by or on behalf of the voter with his or her authorization pursuant to this title. (f) Inside a polling place, ask another person for his or her name, address or political affiliation or for whom he or she intends to vote. (g) Send, transmit, distribute or deliver a ballot to a voter, other than [an absent ballot, mailing ballot,] a mail ballot or military- overseas ballot when permitted pursuant to this title. (h) Except when permitted by the voter, alter, change, deface, damage or destroy [an absent ballot, mailing ballot,] a mail ballot or military-overseas ballot prepared by or on behalf of the voter with his or her authorization pursuant to this title. 2. A voter shall not: (a) Accept a ballot from another person, other than an election board officer in the course of the election board officer’s official duties or a person who sends, transmits, distributes or delivers [an absent ballot, mailing ballot,] a mail ballot or military-overseas ballot to the voter when permitted pursuant to this title. (b) Deliver to an election board officer in the course of the election board officer’s official duties any ballot other than the one received. (c) Place any mark upon his or her ballot by which it may afterward be identified as the one that he or she voted, other than any such mark that is permitted to be placed on [an absent ballot, mailing ballot,] a mail ballot or military-overseas ballot prepared by
- 81st Session (2021)
– 38 – or on behalf of the voter with his or her authorization pursuant to this title. 3. A person other than a county or city clerk shall not set up a ballot drop box that purports to be an official ballot drop box for mail ballots. 4. Any person who violates any provision of this section is guilty of a category E felony and shall be punished as provided in NRS 193.130. Sec. 46. NRS 293.908 is hereby amended to read as follows: 293.908 1. The following persons may request that personal information contained in the records of the Secretary of State or a county or city clerk be kept confidential: (a) Any justice or judge in this State. (b) Any senior justice or senior judge in this State. (c) Any court-appointed master in this State. (d) Any clerk of a court, court administrator or court executive officer in this State. (e) Any district attorney or attorney employed by the district attorney who as part of his or her normal job responsibilities prosecutes persons for: (1) Crimes that are punishable as category A felonies; or (2) Domestic violence. (f) Any state or county public defender who as part of his or her normal job responsibilities defends persons for: (1) Crimes that are punishable as category A felonies; or (2) Domestic violence. (g) Any person, including without limitation, a social worker, employed by this State or a political subdivision of this State who as part of his or her normal job responsibilities: (1) Interacts with the public; and (2) Performs tasks related to child welfare services or child protective services or tasks that expose the person to comparable dangers. (h) Any county manager in this State. (i) Any inspector, officer or investigator employed by this State or a political subdivision of this State designated by his or her employer: (1) Who possess specialized training in code enforcement; (2) Who, as part of his or her normal job responsibilities, interacts with the public; and (3) Whose primary duties are the performance of tasks related to code enforcement.
- 81st Session (2021)
– 39 –
(j) Any county or city clerk or registrar of voters charged with the powers and duties relating to elections and any deputy appointed by the county or city clerk or registrar of voters in the elections division of the county or city. (k) The spouse, domestic partner or minor child of a person described in paragraphs (a) to [(i),] (j), inclusive. [(k)] (l) The surviving spouse, domestic partner or minor child of a person described in paragraphs (a) to [(i),] (j) inclusive, who was killed in the performance of his or her duties. 2. As used in this section: (a) “Child protective services” has the meaning ascribed to it in NRS 432B.042. (b) “Child welfare services” has the meaning ascribed to it in NRS 432B.044. (c) “Code enforcement” means the enforcement of laws, ordinances or codes regulating public nuisances or the public health, safety and welfare. (d) “Social worker” means any person licensed under chapter 641B of NRS. Sec. 47. NRS 293B.130 is hereby amended to read as follows: 293B.130 1. Before any election where a mechanical voting system is to be used, the county clerk shall prepare or cause to be prepared a computer program on cards, tape or other material suitable for use with the computer or counting device to be employed for counting the votes cast. The program must cause the computer or counting device to operate in the following manner: (a) All lawful votes cast by each voter must be counted. (b) All unlawful votes, including, [but not limited to,] without limitation, overvotes or, in a primary election, votes cast for a candidate of a major political party other than the party, if any, of the registration of the voter must not be counted. (c) If the election is: (1) A primary election held in an even-numbered year; or (2) A general election, the total votes, other than [absentee votes and votes in a mailing precinct,] mail ballots, must be accumulated by precinct. (d) The computer or counting device must halt or indicate by appropriate signal if a ballot is encountered which lacks a code identifying the precinct in which it was voted and, in a primary election, identifying the major political party of the voter. 2. The program must be prepared under the supervision of the accuracy certification board appointed pursuant to the provisions of NRS 293B.140.
- 81st Session (2021)
– 40 –
3. The county clerk shall take such measures as he or she deems necessary to protect the program from being altered or damaged. Sec. 48. NRS 293B.360 is hereby amended to read as follows: 293B.360 1. To facilitate the processing and computation of votes cast at any election conducted under a mechanical voting system, the county clerk shall create a computer program and processing accuracy board, and may create: (a) A central ballot inspection board; (b) [An absent] A mail ballot [mailing precinct] inspection board; (c) A ballot duplicating board; (d) A ballot processing and packaging board; and (e) Such additional boards or appoint such officers as the county clerk deems necessary for the expeditious processing of ballots. 2. Except as otherwise provided in subsection 3, the county clerk may determine the number of members to constitute any board. The county clerk shall make any appointments from among competent persons who are registered voters in this State. The members of each board must represent all political parties as equally as possible. The same person may be appointed to more than one board but must meet the particular qualifications for each board to which he or she is appointed. 3. If the county clerk creates a ballot duplicating board, the county clerk shall appoint to the board at least two members. The members of the ballot duplicating board must not all be of the same political party. 4. All persons appointed pursuant to this section serve at the pleasure of the county clerk. Sec. 49. NRS 293B.380 is hereby amended to read as follows: 293B.380 1. The ballot processing and packaging board must be composed of persons who are qualified in the use of the data processing equipment to be operated for the voting count. 2. The board shall: (a) Allow members of the general public to observe the counting area where the computers are located during the period when ballots are being processed if those members do not interfere with the processing of the ballots. (b) Receive ballots and maintain groupings of them by precinct. (c) Before each counting of the ballots or computer run begins, validate the testing material with the counting program.
- 81st Session (2021)
– 41 –
(d) Maintain a log showing the sequence in which the ballots of each precinct are processed, as a measure to ensure that the ballots of all precincts are processed. (e) After each counting of the ballots, again verify the testing material with the counting program to substantiate that there has been no substitution or irregularity. (f) Record an explanation of any irregularity that occurs in the processing. (g) If the election is: (1) A primary election held in an even-numbered year; or (2) A general election, ensure that a list is compiled indicating the total votes, other than [absentee votes and votes in a mailing precinct,] mail ballots, which each candidate accumulated in each precinct. (h) Collect all returns, programs, testing materials, ballots and other items used in the election at the computer center and package and deliver the items to the county clerk for sealing and storage. Sec. 50. Chapter 293C of NRS is hereby amended by adding thereto the provisions set forth as sections 51 to 65, inclusive, of this act. Sec. 51. 1. Except as otherwise provided in this section, the city clerk shall prepare and distribute to each active registered voter in the city and each person who registers to vote or updates his or her voter registration information not later than the 14 days before the election a mail ballot for every election. The city clerk shall make reasonable accommodations for the use of the mail ballot by a person who is elderly or disabled, including, without limitation, by providing, upon request, the mail ballot in 12-point type to a person who is elderly or disabled. 2. The city clerk shall allow a voter to elect not to receive a mail ballot pursuant to this section by submitting to the city clerk a written notice in the form prescribed by the city clerk which must be received by the city clerk not later than 60 days before the day of the election. 3. The city clerk shall not distribute a mail ballot to any person who: (a) Registers to vote for the election pursuant to the provisions of NRS 293.5772 to 293.5887, inclusive; or (b) Elects not to receive a mail ballot pursuant to subsection 2. 4. The mail ballot must include all offices, candidates and measures upon which the voter is entitled to vote at the election. 5. Except as otherwise provided in subsections 2 and 3, the mail ballot must be distributed to:
- 81st Session (2021)
– 42 –
(a) Each active registered voter who: (1) Resides within the State, not later than 20 days before the election; and (2) Except as otherwise provided in paragraph (b), resides outside the State, not later than 40 days before the election. (b) Each active registered voter who registers to vote after the dates set for distributing mail ballots pursuant to paragraph (a) but who is eligible to receive a mail ballot pursuant to subsection 1, not later than 13 days before the election. (c) Each covered voter who is entitled to have a military- overseas ballot transmitted pursuant to the provisions of chapter 293D of NRS or the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. §§ 20301 et seq., not later than the time required by those provisions. 6. In the case of a special election where no candidate for federal office will appear on the ballot, the mail ballot must be distributed to each active registered voter not later than 15 days before the special election. 7. Any untimely legal action which would prevent the mail ballot from being distributed to any voter pursuant to this section is moot and of no effect. Sec. 52. 1. Except as otherwise provided in subsection 2, section 51 of this act and chapter 293D of NRS, the city clerk shall send to each active registered voter by first-class mail, or by any class of mail if the Official Election Mail logo or an equivalent logo or mark created by the United States Postal Service is properly placed: (a) A mail ballot; (b) A return envelope; (c) An envelope or sleeve into which the mail ballot is inserted to ensure its secrecy; and (d) Instructions. 2. In sending a mail ballot to an active registered voter, the city clerk shall use an envelope that may not be forwarded to an address of the voter that is different from the address to which the mail ballot is mailed. 3. The return envelope must include postage prepaid by first- class mail if the active registered voter is within the boundaries of the United States, its territories or possessions or on a military base. 4. Before sending a mail ballot to an active registered voter, the city clerk shall record: (a) The date the mail ballot is issued;
- 81st Session (2021)
– 43 –
(b) The name of the voter to whom the mail ballot is issued, his or her precinct or district and his or her political affiliation, if any, unless all the offices on the mail ballot are nonpartisan offices; (c) The number of the mail ballot; and (d) Any remarks the city clerk finds appropriate. Sec. 53. 1. Except as otherwise provided in subsection 2, if a person applied by mail or computer to register to vote, or preregistered to vote by mail or computer and is subsequently deemed to be registered to vote, and the person has not previously voted in any election for federal office in this State, the city clerk must inform the person that he or she must include a copy of the information required in paragraph (b) of subsection 1 of NRS 293.2725 in the return envelope with the mail ballot. 2. The provisions of subsection 1 do not apply to a person who: (a) Registers to vote by mail or computer, or preregisters to vote by mail or computer and is subsequently deemed to be registered to vote, and submits with his or her application to preregister or register to vote: (1) A copy of a current and valid photo identification; or (2) A copy of a current utility bill, bank statement, paycheck or document issued by a governmental entity, including a check which indicates the name and address of the person, but not including a voter registration card; (b) Registers to vote by mail or computer and submits with his or her application to register to vote a driver’s license number or at least the last four digits of his or her social security number, if a state or local election official has matched that information with an existing identification record bearing the same number, name and date of birth as provided by the person in the application; (c) Registers to vote pursuant to NRS 293.5732 to 293.5757, inclusive, and at that time presents to the Department of Motor Vehicles: (1) A copy of a current and valid photo identification; (2) A copy of a current utility bill, bank statement, paycheck or document issued by a governmental entity, including a check which indicates the name and address of the person, but not including a voter registration card; or (3) A driver’s license number or at least the last four digits of his or her social security number, if a state or local election official has matched that information with an existing identification record bearing the same number, name and date of birth as provided by the person in the application;
- 81st Session (2021)
– 44 –
(d) Is entitled to vote pursuant to the provisions of chapter 293D of NRS or the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. §§ 20301 et seq.; (e) Is provided the right to vote otherwise than in person pursuant to the provisions of the Voting Accessibility for the Elderly and Handicapped Act, 52 U.S.C. §§ 20101 et seq.; or (f) Is entitled to vote otherwise than in person pursuant to the provisions of any other federal law. 3. If a person fails to provide the identification required pursuant to paragraph (b) of subsection 1 of NRS 293.2725 with his or her mail ballot: (a) The mail ballot must be treated as a provisional ballot; and (b) The city clerk must: (1) Contact the person; (2) Allow the person to provide the identification required before 5 p.m. on the sixth day following the election; and (3) If the identification required pursuant to paragraph (b) of subsection 1 of NRS 293.2725 is provided, ensure the mail ballot is delivered to the appropriate mail ballot central counting board. Sec. 54. 1. Except as otherwise provided in section 55 of this act and chapter 293D of NRS, in order to vote a mail ballot, the voter must, in accordance with the instructions: (a) Mark and fold the mail ballot; (b) Deposit the mail ballot in the return envelope and seal the return envelope; (c) Affix his or her signature on the return envelope in the space provided for the signature; and (d) Mail or deliver the return envelope in a manner authorized by law. 2. Except as otherwise provided in chapter 293D of NRS, voting must be only upon candidates whose names appear upon the mail ballot as prepared pursuant to section 51 of this act, and no person may write in the name of an additional candidate for any office. 3. If a mail ballot has been sent to a voter who applies to vote in person at a polling place, including, without limitation, a polling place for early voting, the voter must, in addition to complying with all other requirements for voting in person that are set forth in this chapter, surrender his or her mail ballot or sign an affirmation under penalty of perjury that the voter has not voted during the election. A person who receives a surrendered mail ballot shall mark it “Cancelled.”
- 81st Session (2021)
– 45 –
Sec. 55. 1. Except as otherwise provided in this section, a person shall not mark and sign a mail ballot on behalf of a voter or assist a voter to mark and sign a mail ballot pursuant to the provisions of sections 51 to 65, inclusive, of this act. 2. At the direction of a voter who has a physical disability, is at least 65 years of age or is unable to read or write, a person may mark and sign a mail ballot on behalf of the voter or assist the voter to mark and sign a mail ballot pursuant to this section. 3. If a person marks and signs a mail ballot on behalf of a voter pursuant to this section, the person must indicate next to his or her signature that the mail ballot has been marked and signed on behalf of the voter. 4. If a person assists a voter to mark and sign a mail ballot pursuant to this section, the person must include on the return envelope his or her name, address and signature. Sec. 56. 1. Except as otherwise provided in subsection 2 and chapter 293D of NRS, in order for a mail ballot to be counted for any election, the mail ballot must be: (a) Before the time set for closing of the polls, delivered by hand to the city clerk, or any ballot drop box established in the city, pursuant to this section; or (b) Mailed to the city clerk, and: (1) Postmarked on or before the day of the election; and (2) Received by the clerk not later than 5 p.m. on the fourth day following the election. 2. If a mail ballot is received by mail not later than 5 p.m. on the third day following the election and the date of the postmark cannot be determined, the mail ballot shall be deemed to have been postmarked on or before the day of the election. 3. Each city clerk must establish a ballot drop box at every polling place in the city, including, without limitation, a polling place for early voting. A city clerk may establish a drop box at any other location in the city where mail ballots can be delivered by hand and collected during the period for early voting and on election day. No person other than a clerk may establish a drop box for mail ballots. 4. A ballot drop box must be: (a) Constructed of metal or any other rigid material of sufficient strength and resistance to protect the security of the mail ballots; and (b) Capable of securely receiving and holding the mail ballots and being locked. 5. A ballot drop box must be:
- 81st Session (2021)
– 46 –
(a) Placed in an accessible and convenient location at the office of the city clerk, or a polling place in the city; and (b) Made available for use during the hours when the office of the city clerk, or the polling place, is open for business or voting, as applicable. Sec. 57. 1. Except as otherwise provided in subsection 2, at the request of a voter whose mail ballot has been prepared by or on behalf of the voter, a person authorized by the voter may return the mail ballot on behalf of the voter by mail or personal delivery to the city clerk, or any ballot drop box established in the city pursuant to section 56 of this act. 2. Except for an election board officer in the course of the election board officer’s official duties, a person shall not willfully: (a) Impede, obstruct, prevent or interfere with the return of a voter’s mail ballot; (b) Deny a voter the right to return the voter’s mail ballot; or (c) If the person receives the voter’s mail ballot and authorization to return the mail ballot on behalf of the voter by mail or personal delivery, fail to return the mail ballot, unless otherwise authorized by the voter, by mail or personal delivery: (1) Before the end of the third day after the day of receipt, if the person receives the mail ballot from the voter four or more days before the day of the election; or (2) Before the deadline established by the United States Postal Service for the mail ballot to be postmarked on the day of the election or before the polls close on the day of the election, as applicable to the type of delivery, if the person receives the mail ballot from the voter three or fewer days before the day of the election. 3. A person who violates any provision of subsection 2 is guilty of a category E felony and shall be punished as provided in NRS 193.130. Sec. 58. 1. The city clerk shall establish procedures for the processing and counting of mail ballots. 2. The procedures established pursuant to subsection 1: (a) May authorize mail ballots to be processed and counted by computer or other electronic means; and (b) Must not conflict with the provisions of sections 51 to 65, inclusive, of this act. Sec. 59. 1. Except as otherwise provided in NRS 293D.200, when a mail ballot is returned by or on behalf of a voter to the city clerk, and a record of its return is made in the mail ballot record for the election, the clerk or an employee in the office of the clerk
- 81st Session (2021)
– 47 – shall check the signature used for the ballot by electronic means pursuant to subsection 2 or manually pursuant to subsection 3. 2. To check the signature used for a mail ballot by electronic means: (a) The electronic device must take a digital image of the signature used for the mail ballot and electronically compare the digital image with the signatures of the voter from his or her application to register to vote or application to preregister to vote available in the records of the city clerk. (b) If the electronic device does not match the signature of the voter, the signature shall be reviewed manually pursuant to the provisions of subsection 3. 3. To check the signature used for a mail ballot manually, the city clerk shall use the following procedure: (a) The clerk or employee shall check the signature used for the mail ballot against all signatures of the voter available in the records of the clerk. (b) If at least two employees in the office of the clerk believe there is a reasonable question of fact as to whether the signature used for the mail ballot matches the signature of the voter, the clerk shall contact the voter and ask the voter to confirm whether the signature used for the mail ballot belongs to the voter. 4. For purposes of subsection 3: (a) There is a reasonable question of fact as to whether the signature used for the mail ballot matches the signature of the voter if the signature used for the mail ballot differs in multiple, significant and obvious respects from the signatures of the voter available in the records of the clerk. (b) There is not a reasonable question of fact as to whether the signature used for the mail ballot matches the signature of the voter if: (1) The signature used for the mail ballot is a variation of the signature of the voter caused by the substitution of initials for the first or middle name, the substitution of a different type of punctuation in the first, middle or last name, the use of a common nickname or the use of one last name for a person who has two last names and it does not otherwise differ in multiple, significant and obvious respects from the signatures of the voter available in the records of the clerk; or (2) There are only slight dissimilarities between the signature used for the mail ballot and the signatures of the voter available in the records of the clerk.
- 81st Session (2021)
– 48 –
5. Except as otherwise provided in subsection 6, if the clerk determines that the voter is entitled to cast the mail ballot, the clerk shall deposit the mail ballot in the proper ballot box or place the mail ballot, unopened, in a container that must be securely locked or under the control of the clerk at all times. The clerk shall deliver the mail ballots to the mail ballot central counting board to be processed and prepared for counting. 6. If the clerk determines when checking the signature used for the mail ballot that the voter failed to affix his or her signature or failed to affix it in the manner required by law for the mail ballot or that there is a reasonable question of fact as to whether the signature used for the mail ballot matches the signature of the voter, but the voter is otherwise entitled to cast the mail ballot, the clerk shall contact the voter and advise the voter of the procedures to provide a signature or a confirmation that the signature used for the mail ballot belongs to the voter, as applicable. For the mail ballot to be counted, the voter must provide a signature or a confirmation, as applicable, not later than 5 p.m. on the sixth day following the election. 7. The clerk shall prescribe procedures for a voter who failed to affix his or her signature or failed to affix it in the manner required by law for the mail ballot, or for whom there is a reasonable question of fact as to whether the signature used for the mail ballot matches the signature of the voter, in order to: (a) Contact the voter; (b) Allow the voter to provide a signature or a confirmation that the signature used for the mail ballot belongs to the voter, as applicable; and (c) After a signature or a confirmation is provided, as applicable, ensure the mail ballot is delivered to the mail ballot central counting board. 8. If there is a reasonable question of fact as to whether the signature used for the mail ballot matches the signature of the voter, the voter must be identified by: (a) Answering questions from the city clerk covering the personal data which is reported on the application to register to vote; (b) Providing the city clerk, orally or in writing, with other personal data which verifies the identity of the voter; or (c) Providing the city clerk with proof of identification as described in NRS 293C.270 other than the voter registration card issued to the voter.
- 81st Session (2021)
– 49 –
9. The procedures established pursuant to subsection 7 for contacting a voter must require the clerk to contact the voter, as soon as possible after receipt of the mail ballot, by: (a) Mail; (b) Telephone, if a telephone number for the voter is available in the records of the clerk; and (c) Electronic means, which may include, without limitation, electronic mail, if the voter has provided the clerk with sufficient information to contact the voter by such means. Sec. 60. 1. The city clerk shall appoint a mail ballot central counting board for the election. 2. The clerk shall appoint and notify voters to act as election board officers for the mail ballot central counting board in such numbers as the clerk determines to be required by the volume of mail ballots required to be sent to each active registered voter in the city for the election. The voters appointed as election board officers for the mail ballot central counting board must not all be of the same political party. No candidate for nomination or election or a relative of the candidate within the second degree of consanguinity or affinity may be appointed as such an election board officer. 3. The clerk’s deputies who perform duties in connection with elections shall be deemed officers of the mail ballot central counting board. 4. The mail ballot central counting board is under the direction of the clerk. Sec. 61. 1. The mail ballot central counting board may begin counting the received mail ballots 15 days before the day of the election. The board must complete the count of all mail ballots on or before the seventh day following the election. The counting procedure must be public. 2. If two or more mail ballots are found folded together to present the appearance of a single ballot, the mail ballots must be rejected and placed in an envelope, upon which must be written the reason for their rejection. The envelope must be signed by an election board officer and placed in the container or ballot box after the count is completed. Sec. 62. Except as otherwise provided in NRS 293D.200, each mail ballot central counting board shall process the mail ballots in the following manner: 1. The name of the voter, as shown on the return envelope, must be checked as if the voter were voting in person;
- 81st Session (2021)
– 50 –
2. An election board officer shall indicate in the roster “Received” by the name of the voter; 3. If the board determines the voter is entitled to cast a mail ballot and all other processing steps have been completed, the return envelope must be opened and the mail ballot counted; 4. An election board officer shall indicate “Voted” by the name of the voter; and 5. When all mail ballots delivered to the board have been voted or rejected, except as otherwise provided in NRS 293D.200, the empty envelopes and the envelopes containing rejected mail ballots must be returned to the clerk. On all envelopes containing rejected mail ballots, the cause of rejection must be noted and the envelope signed by an election board officer. Sec. 63. 1. The voting results of the mail ballot vote in each precinct must be certified and submitted to the city clerk, who shall have the results added to the votes of the precinct that were not cast by mail ballot. The returns of the mail ballot vote must be reported separately from the other votes that were not cast by mail ballot in the precinct unless reporting the returns separately would violate the secrecy of a voter’s ballot. 2. The clerk shall develop a procedure to ensure that each mail ballot is kept secret. 3. No voting results of mail ballots may be released until all polling places are closed and all votes have been cast on the day of the election. Any person who disseminates to the public in any way information pertaining to the count of mail ballots before all polling places are closed and all votes have been cast on the day of the election is guilty of a misdemeanor. Sec. 64. At least once each year, each city clerk and all members of his or her staff whose duties include administering an election must complete a training class on forensic signature verification that is approved by the Secretary of State. Sec. 65. If a city clerk uses an electronic device in an election to verify signatures on mail ballots: 1. The city clerk must conduct a test of the accuracy of the electronic devices before the election. The test must be conducted in a manner that ensures the electronic device will use the same standards for determining the validity of a signature as would be used by a natural person verifying the signature pursuant to section 59 of this act. 2. The city clerk must perform daily audits of each electronic device during the processing of mail ballots for the election. The daily audit must include a review of a sample of at least 1 percent
- 81st Session (2021)
– 51 – of the signatures verified each day. The city clerk shall appoint election board officers who must not all be of the same political party to manually review the signatures. The city clerk must prepare a report of each daily audit. Sec. 66. NRS 293C.110 is hereby amended to read as follows: 293C.110 1. Except as otherwise provided in [subsection 2 and] NRS 293.5817 [,] and sections 51 to 65, inclusive, of this act, the conduct of any city election is under the control of the governing body of the city, and it shall, by ordinance, provide for the holding of the election, appoint the necessary election officers and election boards and do all other things required to carry the election into effect. 2. [Except as otherwise provided in NRS 293C.112, the] The governing body of the city [shall] may provide for [: (a) Absent ballots to be voted in a city election pursuant to NRS 293C.304 to 293C.340, inclusive, except for the provisions of NRS 293C.327 and 293C.328 unless the governing body of the city provides for the applicability of those provisions pursuant to paragraph (b); and (b) The] the conduct of [: (1) Early] early voting by personal appearance in a city election pursuant to NRS 293.5772 to 293.5887, inclusive, and 293C.355 to 293C.361, inclusive . [; (2) Voting by absent ballot in person in a city election pursuant to NRS 293C.327 and 293C.328; or (3) Both early voting by personal appearance as described in subparagraph (1) and voting by absent ballot in person as described in subparagraph (2).] Sec. 67. NRS 293C.112 is hereby amended to read as follows: 293C.112 1. The governing body of a city may conduct a city election in which all ballots must be cast by mail in accordance with the provisions of sections 51 to 65, inclusive, of this act, if: (a) The election is a special election; or (b) The election is a primary city election or general city election in which the ballot includes only: (1) Offices and ballot questions that may be voted on by the registered voters of only one ward; or (2) One office or ballot question. 2. The provisions of NRS 293.5772 to 293.5887, inclusive, 293C.265 to 293C.302, inclusive, [293C.304 to 293C.340, inclusive,] and 293C.355 to 293C.361, inclusive, do not apply to an election conducted pursuant to this section.
- 81st Session (2021)
– 52 –
[3. For the purposes of an election conducted pursuant to this section, each precinct in the city shall be deemed to have been designated a mailing precinct pursuant to NRS 293C.342.] Sec. 68. NRS 293C.220 is hereby amended to read as follows: 293C.220 1. The city clerk shall appoint and notify registered voters to act as election board officers for the various polling places and precincts in the city as provided in NRS 293.225, 293.227, 293C.227 to [293C.245,] 293C.228, inclusive, and [293C.382.] section 60 of this act. No candidate for nomination or election or a relative of the candidate within the second degree of consanguinity or affinity may be appointed as an election board officer. Immediately after election board officers are appointed, if requested by the city clerk, the chief law enforcement officer of the city shall: (a) Appoint an officer for each polling place in the city and for the central election board [or] and the [absent] mail ballot central counting board; or (b) Deputize, as an officer for the election, an election board officer for each polling place and for the central election board [or] and the [absent] mail ballot central counting board. The deputized officer may not receive any additional compensation for the services he or she provides as an officer during the election for which the officer is deputized. Officers so appointed and deputized shall preserve order during hours of voting and attend the closing of the polls. 2. The city clerk may appoint a trainee for the position of election board officer as set forth in NRS 293C.222. Sec. 69. NRS 293C.265 is hereby amended to read as follows: 293C.265 1. Except as otherwise provided in subsection 2 and in NRS 293.2725 and 293.3083, a person who registered by mail or computer to vote shall, for the first city election in which the person votes at which that registration is valid, vote in person unless he or she has previously voted in the county in which he or she is registered to vote. 2. The provisions of subsection 1 do not apply to a person who: (a) [Is entitled to vote in the manner prescribed in NRS 293C.342 to 293C.352, inclusive; (b)] Is entitled to vote [an absent ballot] otherwise than in person pursuant to federal law, [NRS 293C.317] or chapter 293D of NRS; [(c)] (b) Is disabled; [(d)] (c) Is provided the right to vote otherwise than in person pursuant to the Voting Accessibility for the Elderly and Handicapped Act, 52 U.S.C. §§ 20101 et seq.;
- 81st Session (2021)
– 53 –
[(e) Submits or has previously submitted a written request for an absent ballot that is signed by the registered voter before a notary public or other person authorized to administer an oath; (f) Requests an absent ballot in person at the office of the city clerk;] or [(g)] (d) Is sent a mail ballot pursuant to the provisions of [NRS 293.8847] section 52 of this act and includes a copy of the information required pursuant to paragraph (b) of subsection 1 of NRS 293.2725 with his or her voted mail ballot, if required pursuant to [NRS 293.8851.] section 53 of this act. Sec. 70. NRS 293C.2675 is hereby amended to read as follows: 293C.2675 1. If an Indian reservation or Indian colony is located in whole or in part within a city, the Indian tribe may submit a request to the city clerk for the establishment [of a polling place] within the boundaries of the Indian reservation or Indian colony for the day of a primary city election or general city election [.] of: (a) A polling place; (b) A ballot drop box; or (c) Both a polling place and a ballot drop box. 2. A request for the establishment of a polling place , a ballot drop box or both a polling place and a ballot drop box within the boundaries of an Indian reservation or Indian colony for the day of a primary city election or general city election: (a) Must be submitted to the city clerk by the Indian tribe on or before: (1) If the request is for a primary city election, [the first Friday in January] March 1 of the year in which the primary city election is to be held. (2) If the request is for a general city election, [the first Friday in July] August 1 of the year in which the general city election is to be held. (b) May include one or more proposed locations within the boundaries of the Indian reservation or Indian colony for the polling place [.] or ballot drop box. Any proposed location for a polling place or ballot drop box must satisfy the criteria the city clerk uses for the establishment of any other polling place [.] or ballot drop box, as applicable. 3. Except as otherwise provided in this subsection, if the city clerk receives a request that satisfies the requirements set forth in subsection 2, the city clerk must establish at least one polling place or ballot drop box within the boundaries of the Indian reservation or Indian colony at a location or locations, as applicable, approved by
- 81st Session (2021)
– 54 – the Indian tribe for the day of a primary city election or general city election. The city clerk is not required to establish a polling place within the boundaries of the Indian reservation or Indian colony for the day of a primary city election or general city election if the city clerk established a temporary branch polling place for early voting pursuant to NRS 293C.3572 within the boundaries of the Indian reservation or Indian colony for the same election. 4. If the city clerk establishes one or more polling places or ballot drop boxes within the boundaries of an Indian reservation or Indian colony pursuant to subsection 3 for the day of a primary city election or general city election, the city clerk must continue to establish one or more polling places or ballot drop boxes within the boundaries of the Indian reservation or Indian colony at a location or locations approved by the Indian tribe for the day of any future primary city election or general city election unless otherwise requested by the Indian tribe. Sec. 71. NRS 293C.275 is hereby amended to read as follows: 293C.275 1. Except as otherwise provided in NRS 293.5772 to 293.5887, inclusive, and 293C.272: (a) A registered voter who applies to vote must state his or her name to the election board officer in charge of the roster; and (b) The election board officer shall: (1) Announce the name of the registered voter; (2) Instruct the registered voter to sign the roster or signature card; (3) Verify the signature of the registered voter in the manner set forth in NRS 293C.270; and (4) Verify that the registered voter has not already voted in that city in the current election. 2. If the signature does not match, the voter must be identified by: (a) Answering questions from the election board officer covering the personal data which is reported on the application to register to vote; (b) Providing the election board officer, orally or in writing, with other personal data which verifies the identity of the voter; or (c) Providing the election board officer with proof of identification as described in NRS 293C.270 other than the voter registration card issued to the voter. 3. If the signature of the voter has changed in comparison to the signature on the application to register to vote, the voter must update his or her signature on a form prescribed by the Secretary of State.
- 81st Session (2021)
– 55 –
4. For the purposes of subsection 2, the personal data of a voter may include his or her date of birth. Sec. 72. NRS 293C.302 is hereby amended to read as follows: 293C.302 1. If a court of competent jurisdiction orders a city to extend the deadline for voting beyond the statutory period in an election, the city clerk shall, as soon as practicable after receiving notice of the decision of the court: (a) Cause notice of the extended period to be published in a newspaper of general circulation in the city or if no newspaper is of general circulation in that city, in a newspaper of general circulation in the nearest city; and (b) Transmit a notice of the extended deadline to each registered voter who [requested an absent voter’s] received a mail ballot for the election and has not returned the mail ballot before the date on which the notice will be transmitted. 2. The notice required pursuant to paragraph (a) of subsection 1 must be published: (a) In a city whose population is 25,000 or more, on at least 3 successive days. (b) In a city whose population is less than 25,000, at least twice in successive issues of the newspaper. Sec. 73. NRS 293C.3564 is hereby amended to read as follows: 293C.3564 1. The city clerk in a city [providing for early voting pursuant to subparagraph (1) of paragraph (b) of subsection 2 of NRS 293C.110] shall establish at least one permanent polling place for early voting by personal appearance in the city at the locations selected pursuant to NRS 293C.3561. 2. Any person entitled to vote early by personal appearance may do so at any polling place for early voting. Sec. 74. NRS 293C.3572 is hereby amended to read as follows: 293C.3572 1. In addition to permanent polling places for early voting, except as otherwise provided in subsection 4, the city clerk may establish temporary branch polling places for early voting pursuant to NRS 293C.3561. 2. If an Indian reservation or Indian colony is located in whole or in part within a city, the Indian tribe may submit a request to the city clerk for the establishment of a temporary branch polling place within the boundaries of the Indian reservation or Indian colony. 3. A request for the establishment of a temporary branch polling place within the boundaries of an Indian reservation or Indian colony:
- 81st Session (2021)
– 56 –
(a) Must be submitted to the city clerk by the Indian tribe on or before: (1) If the request is for a primary city election, [the first Friday in January] March 1 of the year in which the primary city election is to be held. (2) If the request is for a general city election, [the first Friday in July] August 1 of the year in which the general city election is to be held. (b) May include one or more proposed locations within the boundaries of the Indian reservation or Indian colony for the temporary branch polling place and proposed hours thereof. Any proposed location must satisfy the criteria established by the city clerk pursuant to NRS 293C.3561. 4. Except as otherwise provided in this subsection, if the city clerk receives a request that satisfies the requirements set forth in subsection 3, the city clerk must establish at least one temporary branch polling place for early voting within the boundaries of the Indian reservation or Indian colony. The location and hours of operation of such a temporary branch polling place for early voting must be approved by the Indian tribe. The city clerk is not required to establish a temporary branch polling place within the boundaries of the Indian reservation or Indian colony if the city clerk determines that it is not logistically feasible to establish a temporary branch polling place within the boundaries of the Indian reservation or Indian colony. 5. If the city clerk establishes one or more temporary branch polling places within the boundaries of an Indian reservation or Indian colony pursuant to subsection 4 for early voting, the city clerk must continue to establish one or more temporary branch polling places within the boundaries of the Indian reservation or Indian colony at a location or locations approved by the Indian tribe for early voting in future elections unless otherwise requested by the Indian tribe. 6. The provisions of subsection 3 of NRS 293C.3568 do not apply to a temporary branch polling place. Voting at a temporary branch polling place may be conducted on any one or more days and during any hours within the period for early voting by personal appearance, as determined by the city clerk. 7. The schedules for conducting voting are not required to be uniform among the temporary branch polling places. 8. The legal rights and remedies which inure to the owner or lessor of private property are not impaired or otherwise affected by the leasing of the property for use as a temporary branch polling
- 81st Session (2021)
– 57 – place for early voting, except to the extent necessary to conduct early voting at that location. Sec. 75. NRS 293C.3585 is hereby amended to read as follows: 293C.3585 1. Except as otherwise provided in NRS 293.5772 to 293.5887, inclusive, and 293C.272, upon the appearance of a person to cast a ballot for early voting, an election board officer shall: (a) Determine that the person is a registered voter in the county. (b) Instruct the voter to sign the roster for early voting or a signature card. (c) Verify the signature of the voter in the manner set forth in NRS 293C.270. (d) Verify that the voter has not already voted in that city in the current election. 2. If the signature does not match, the voter must be identified by: (a) Answering questions from the election board officer covering the personal data which is reported on the application to register to vote; (b) Providing the election board officer, orally or in writing, with other personal data which verifies the identity of the voter; or (c) Providing the election board officer with proof of identification as described in NRS 293C.270 other than the voter registration card issued to the voter. 3. If the signature of the voter has changed in comparison to the signature on the application to register to vote, the voter must update his or her signature on a form prescribed by the Secretary of State. 4. The city clerk shall prescribe a procedure, approved by the Secretary of State, to verify that the voter has not already voted in that city in the current election. 5. The roster for early voting or signature card, as applicable, must contain: (a) The voter’s name, the address where he or she is registered to vote, his or her voter identification number and a place for the voter’s signature; (b) The voter’s precinct or voting district number, if that information is available; and (c) The date of voting early in person. 6. When a voter is entitled to cast a ballot and has identified himself or herself to the satisfaction of the election board officer, the
- 81st Session (2021)
– 58 – voter is entitled to receive the appropriate ballot or ballots, but only for his or her own use at the polling place for early voting. 7. If the ballot is voted on a mechanical recording device which directly records the votes electronically, the election board officer shall: (a) Prepare the mechanical recording device for the voter; (b) Ensure that the voter’s precinct or voting district, if that information is available, and the form of ballot are indicated on the voting receipt, if the city clerk uses voting receipts; and (c) Allow the voter to cast a vote. 8. A voter applying to vote early by personal appearance may be challenged pursuant to NRS 293C.292. 9. For the purposes of subsection 2, the personal data of a voter may include his or her date of birth. Sec. 76. NRS 293C.3615 is hereby amended to read as follows: 293C.3615 The city clerk shall make a record of the receipt at the central counting place of each sealed container used to transport official ballots pursuant to NRS 293C.295, [293C.325,] 293C.630 and 293C.635. The record must include the numbers indicated on the container and its seal pursuant to NRS 293C.700. Sec. 77. NRS 293C.362 is hereby amended to read as follows: 293C.362 [Except as otherwise provided for an affected election that is subject to the provisions of NRS 293.8801 to 293.8887, inclusive:] 1. When the polls are closed, the counting board shall prepare to count the ballots voted. The counting procedure must be public and continue without adjournment until completed. 2. If the ballots are paper ballots, the counting board shall prepare in the following manner: (a) The container that holds the ballots or the ballot box must be opened and the ballots contained therein counted by the counting board and opened far enough to determine whether each ballot is single. If two or more ballots are found folded together to present the appearance of a single ballot, they must be laid aside until the count of the ballots is completed. If a majority of the inspectors are of the opinion that the ballots folded together were voted by one person, the ballots must be rejected and placed in an envelope, upon which must be written the reason for their rejection. The envelope must be signed by the counting board officers and placed in the container or ballot box after the count is completed. (b) If the ballots in the container or box are found to exceed the number of names as are indicated on the roster as having voted, the
- 81st Session (2021)
– 59 – ballots must be replaced in the container or box and a counting board officer shall, with his or her back turned to the container or box, draw out a number of ballots equal to the excess. The excess ballots must be marked on the back thereof with the words “Excess ballots not counted.” The ballots when so marked must be immediately sealed in an envelope and returned to the city clerk with the other ballots rejected for any cause. (c) When it has been determined that the number of ballots agrees with the number of names of registered voters shown to have voted, the board shall proceed to count. If there is a discrepancy between the number of ballots and the number of voters, a record of the discrepancy must be made. Sec. 78. NRS 293C.365 is hereby amended to read as follows: 293C.365 Except as otherwise provided [for an affected election that is subject to the provisions of NRS 293.8801 to 293.8887, inclusive,] in section 61 of this act, a counting board in any precinct, district or polling place in which paper ballots are used may not begin to count the votes until all ballots used or unused are accounted for. Sec. 79. NRS 293C.387 is hereby amended to read as follows: 293C.387 1. The election returns from a special election, primary city election or general city election must be filed with the city clerk, who shall immediately place the returns in a safe or vault designated by the city clerk. No person may handle, inspect or in any manner interfere with the returns until they are canvassed by the mayor and the governing body of the city. 2. After the governing body of a city receives the returns from all the precincts and districts in the city, it shall meet with the mayor to canvass the returns. The canvass must be completed on or before the 10th day following the election . [or, if applicable, the 13th day following an affected election that is subject to the provisions of NRS 293.8801 to 293.8887, inclusive.] 3. In completing the canvass of the returns, the governing body of the city and the mayor shall: (a) Note separately any clerical errors discovered; and (b) Take account of the changes resulting from the discovery, so that the result declared represents the true vote cast. 4. After the canvass is completed, the governing body of the city and mayor shall declare the result of the canvass. 5. The city clerk shall enter upon the records of the governing body of the city an abstract of the result. The abstract must be prepared in the manner prescribed by regulations adopted by the
- 81st Session (2021)
– 60 –
Secretary of State and must contain the number of votes cast for each candidate. 6. After the abstract is entered, the: (a) City clerk shall seal the election returns, maintain them in a vault for at least 22 months and give no person access to them during that period, unless access is ordered by a court of competent jurisdiction or by the governing body of the city. (b) Governing body of the city shall, by an order made and entered in the minutes of its proceedings, cause the city clerk to: (1) Certify the abstract; (2) Make a copy of the certified abstract; (3) Make a mechanized report of the abstract in compliance with regulations adopted by the Secretary of State; (4) Transmit a copy of the certified abstract and the mechanized report of the abstract to the Secretary of State on or before the 10th day following the election ; [or, if applicable, the 13th day following an affected election that is subject to the provisions of NRS 293.8801 to 293.8887, inclusive;] and (5) Transmit on paper or by electronic means to each public library in the city, or post on a website maintained by the city or the city clerk on the Internet or its successor, if any, a copy of the certified abstract within 30 days after the election. 7. After the abstract of the results from a: (a) Primary city election has been certified, the city clerk shall certify the name of each person nominated and the name of the office for which the person is nominated. (b) General city election has been certified, the city clerk shall: (1) Issue under his or her hand and official seal to each person elected a certificate of election; and (2) Deliver the certificate to the persons elected upon their application at the office of the city clerk. 8. The officers elected to the governing body of the city qualify and enter upon the discharge of their respective duties on the first regular meeting of that body next succeeding that in which the canvass of returns was made pursuant to subsection 2. Sec. 80. NRS 293C.390 is hereby amended to read as follows: 293C.390 1. The voted ballots, rejected ballots, spoiled ballots, challenge lists, records printed on paper of voted ballots collected pursuant to NRS 293B.400, reports prepared pursuant to section 65 of this act and stubs of the ballots used, enclosed and sealed, must, after canvass of the votes by the governing body of the city, be deposited in the vaults of the city clerk. The records of voted ballots that are maintained in electronic form must, after canvass of
- 81st Session (2021)
– 61 – the votes by the governing body of the city, be sealed and deposited in the vaults of the city clerk. The tally lists collected pursuant to this title must, after canvass of the votes by the governing body of the city, be deposited in the vaults of the city clerk without being sealed. All materials described by this subsection must be preserved for at least 22 months, and all such sealed materials must be destroyed immediately after that period. A notice of the destruction must be published by the city clerk in at least one newspaper of general circulation in the city or, if no newspaper is of general circulation in that city, in a newspaper of general circulation in the nearest city, not less than 2 weeks before the destruction of the materials. 2. Unused ballots, enclosed and sealed, must, after canvass of the votes by the governing body of the city, be deposited in the vaults of the city clerk and preserved for at least the period during which the election may be contested and adjudicated, after which the unused ballots may be destroyed. 3. The rosters containing the signatures of those persons who voted in the election and the tally lists deposited with the governing body of the city are subject to the inspection of any elector who may wish to examine them at any time after their deposit with the city clerk. 4. A contestant of an election may inspect all of the material relating to that election which is preserved pursuant to subsection 1 or 2, except the voted ballots and records printed on paper of voted ballots collected pursuant to NRS 293B.400 which are deposited with the city clerk. 5. The voted ballots and records printed on paper of voted ballots collected pursuant to NRS 293B.400 which are deposited with the city clerk are not subject to the inspection of any person, except in cases of a contested election, and only by the judge, body or board before whom the election is being contested, or by the parties to the contest, jointly, pursuant to an order of the judge, body or board. 6. As used in this section, “vaults of the city clerk” means any place of secure storage designated by the city clerk. Sec. 80.5. NRS 293C.527 is hereby amended to read as follows: 293C.527 1. Except as otherwise provided in NRS 293.502, 293.5772 to 293.5887, inclusive, 293D.230 and 293D.300: (a) For a primary city election or general city election, or a recall or special city election that is held on the same day as a primary city election or general city election, the last day to register to vote:
- 81st Session (2021)
– 62 –
(1) By mail is the fourth Tuesday preceding the primary city election or general city election. (2) By appearing in person at the office of the city clerk or, if open, a municipal facility designated pursuant to NRS 293C.520, is the fourth Tuesday preceding the primary city election or general city election. (3) By computer, if the county clerk of the county in which the city is located has established a system pursuant to NRS 293.506 for using a computer to register voters, is the Thursday preceding the primary city election or general city election, unless the system is used to register voters for the election pursuant to NRS 293.5842 or 293.5847. (4) By computer using the system established by the Secretary of State pursuant to NRS 293.671, is the [Thursday preceding] day of the primary city election or general city election . [, unless the system is used to register voters for the election pursuant to NRS 293.5842 or 293.5847.] (b) If a recall or special city election is not held on the same day as a primary city election or general city election, the last day to register to vote for the recall or special city election by any method of registration is the third Saturday preceding the recall or special city election. 2. Except as otherwise provided in NRS 293.5772 to 293.5887, inclusive, after the deadlines for the close of registration for a primary city election or general city election set forth in subsection 1, no person may register to vote for the election. 3. Except for a recall or special city election held pursuant to chapter 306 or 350 of NRS: (a) The city clerk of each city shall cause a notice signed by him or her to be published in a newspaper having a general circulation in the city indicating: (1) The day and time that each method of registration for the election, as set forth in subsection 1, will be closed; and (2) If the city clerk has designated a municipal facility pursuant to NRS 293C.520, the location of that facility. If no newspaper is of general circulation in that city, the publication may be made in a newspaper of general circulation in the nearest city in this State. (b) The notice must be published once each week for 4 consecutive weeks next preceding the day on which the last method of registration for the election, as set forth in subsection 1, will be closed.
- 81st Session (2021)
– 63 –
4. A municipal facility designated pursuant to NRS 293C.520 may be open during the periods described in this section for such hours of operation as the city clerk may determine, as set forth in subsection 3 of NRS 293C.520. Sec. 81. NRS 293C.640 is hereby amended to read as follows: 293C.640 1. To facilitate the processing and computation of votes cast at an election conducted under a mechanical voting system, the city clerk shall create a computer program and processing accuracy board, and may create: (a) A central ballot inspection board; (b) [An absent] A mail ballot [mailing precinct] inspection board; (c) A ballot duplicating board; (d) A ballot processing and packaging board; and (e) Such additional boards or appoint such officers as the city clerk deems necessary for the expeditious processing of ballots. 2. Except as otherwise provided in subsection 3, the city clerk may determine the number of members to constitute any board. The city clerk shall make any appointments from among competent persons who are registered voters in this State. The same person may be appointed to more than one board but must meet the qualifications for each board to which he or she is appointed. 3. If the city clerk creates a ballot duplicating board, the city clerk shall appoint to the board at least two members. The members of the ballot duplicating board must not all be of the same political party. 4. All persons appointed pursuant to this section serve at the pleasure of the city clerk. Sec. 82. NRS 293C.700 is hereby amended to read as follows: 293C.700 1. Each container used to transport official ballots pursuant to NRS 293C.295, [293C.325,] 293C.630 and 293C.635 must: (a) Be constructed of metal or any other rigid material; and (b) Contain a seal which is placed on the container to ensure detection of any opening of the container. 2. The container and seal must be separately numbered for identification. Sec. 83. NRS 293C.720 is hereby amended to read as follows: 293C.720 Each city clerk is encouraged to: 1. Not later than the earlier date of the first notice provided pursuant to subsection 3 of NRS 293.560 or NRS 293C.187, notify the public, through means designed to reach members of the public who are elderly or disabled, of the provisions of NRS 293C.281,
- 81st Session (2021)
– 64 –
293C.282 [, 293C.310, 293C.317 and 293C.318.] and section 51 of this act. 2. Provide in alternative audio and visual formats information concerning elections, information concerning how to preregister or register to vote and information concerning the manner of voting for use by a person who is elderly or disabled, including, without limitation, providing such information through a telecommunications device that is accessible to a person who is deaf. 3. Not later than 5 working days after receiving the request of a person who is elderly or disabled, provide to the person, in a format that can be used by the person, any requested material that is: (a) Related to elections; and (b) Made available by the city clerk to the public in printed form. Sec. 84. NRS 293D.300 is hereby amended to read as follows: 293D.300 1. A covered voter who is registered to vote in this State may apply for a military-overseas ballot by submitting a federal postcard application, as prescribed under section 101(b)(2) of the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. § 20301(b)(2), or the application’s electronic equivalent, if the federal postcard application is received by the appropriate local elections official by the seventh day before the election. 2. A covered voter who is not registered to vote in this State may use the federal postcard application or the application’s electronic equivalent simultaneously to apply to register to vote pursuant to NRS 293D.230 and to apply for a military-overseas ballot, if the federal postcard application is received by the appropriate local elections official by the seventh day before the election. If the federal postcard application is received after the seventh day before the election, it must be treated as an application to register to vote for subsequent elections. 3. The Secretary of State shall ensure that the system of approved electronic transmission described in subsection 2 of NRS 293D.200 is capable of accepting the submission of: (a) Both a federal postcard application and any other approved electronic military-overseas ballot application sent to the appropriate local elections official; and (b) A digital signature or an electronic signature of a covered voter on the documents described in paragraph (a). 4. A covered voter may use approved electronic transmission or any other method approved by the Secretary of State to apply for a military-overseas ballot.
- 81st Session (2021)
– 65 –
5. A covered voter may use the declaration accompanying the federal write-in absentee ballot, as prescribed under section 103 of the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. § 20303, as an application for a military-overseas ballot simultaneously with the submission of the federal write-in absentee ballot, if the declaration is received by the appropriate local elections official by the seventh day before the election. 6. To receive the benefits of this chapter, a covered voter must inform the appropriate local elections official that he or she is a covered voter. Methods of informing the appropriate local elections official that a person is a covered voter include, without limitation: (a) The use of a federal postcard application or federal write-in absentee ballot; (b) The use of an overseas address on an approved voting registration application or ballot application; and (c) The inclusion on an application to register to vote or an application for a military-overseas ballot of other information sufficient to identify that the person is a covered voter. 7. This chapter does not prohibit a covered voter from [applying for an absent] voting a mail ballot pursuant to the provisions of chapter 293 or 293C of NRS or voting in person. Sec. 84.5. NRS 295.026 is hereby amended to read as follows: 295.026 1. A petition for initiative or referendum may be withdrawn if a person authorized pursuant to NRS 295.015 to withdraw the petition submits a notice of withdrawal to the Secretary of State on a form prescribed by the Secretary of State. Any such notice of withdrawal of: (a) A petition for initiative that proposes a statute or an amendment to a statute must be submitted to the Secretary of State not later than 90 days before the election at which the question of approval or disapproval of the initiative will appear on the ballot; (b) A petition for initiative that proposes an amendment to the Constitution must be submitted to the Secretary of State not later than 90 days before the first election at which the question of approval or disapproval of the initiative will appear on the ballot; or (c) A petition for referendum must be submitted to the Secretary of State not later than 90 days before the election at which the question of approval or disapproval of the referendum will appear on the ballot. 2. Once a petition for initiative or referendum is withdrawn pursuant to subsection 1, no further action may be taken on that petition.
- 81st Session (2021)
– 66 –
Sec. 85. NRS 298.250 is hereby amended to read as follows: 298.250 1. If a former resident of the State of Nevada otherwise qualified to vote in another state in any election for President and Vice President of the United States has commenced his or her residence in the other state after the 30th day next preceding that election and for this reason does not satisfy the requirements for registration in the other state, the former resident may vote for President and Vice President only in that election: (a) In person in the county of the State of Nevada which was his or her former residence, if the former resident is otherwise qualified to vote there; or (b) By [absent] mail ballot in the county of the State of Nevada which was his or her former residence, if the former resident is otherwise qualified to vote there and complies with the applicable requirements of [NRS 293.3088 to 293.340, inclusive.] sections 3 to 15, inclusive, of this act. 2. The Secretary of State may, in a manner consistent with the election laws of this State, adopt regulations to effectuate the purposes of this section. Sec. 86. NRS 306.040 is hereby amended to read as follows: 306.040 1. Upon determining that the number of signatures on a petition to recall is sufficient pursuant to NRS 293.1276 to 293.1279, inclusive, the Secretary of State shall notify the county clerk, the filing officer and the public officer who is the subject of the petition. 2. A person who signs a petition to recall may request the filing officer to strike the person’s name from the petition on or before the date that is the later of: (a) Ten days, Saturdays, Sundays and holidays excluded, after the verification of signatures is complete; or (b) The date a complaint is filed pursuant to subsection 6. 3. If the filing officer receives a request pursuant to subsection 2, the filing officer must strike the name of the person from the petition. If the filing officer receives a sufficient number of requests to strike names from the petition such that the petition no longer contains enough valid signatures, the filing officer shall not issue a call for a special election, and a special election must not be held to recall the public officer who is the subject of the petition. 4. Except as otherwise provided in subsection 3, not sooner than 20 days and not later than 30 days, Saturdays, Sundays and holidays excluded, after the Secretary of State completes the notification required by subsection 1, if a complaint is not filed pursuant to subsection 6, the filing officer shall issue a call for a
- 81st Session (2021)
– 67 – special election in the jurisdiction in which the public officer who is the subject of the petition was elected to determine whether the people will recall the public officer. 5. The call for a special election pursuant to subsection 4 or 7 must include, without limitation: (a) The last day on which a person may register to vote in order to qualify to vote in the special election pursuant to NRS 293.560 or 293C.527; and (b) The last day on which a petition to nominate other candidates for the office may be filed . [; and (c) Whether any person is entitled to vote in the special election in a mailing precinct or an absent ballot mailing precinct pursuant to NRS 293.343 to 293.355, inclusive, or 293C.342 to 293C.352, inclusive.] 6. The legal sufficiency of the petition, including without limitation, the validity of signatures on the petition, may be challenged by filing a complaint in district court not later than 15 days, Saturdays, Sundays and holidays excluded, after the Secretary of State completes the notification required by subsection 1. All affidavits and documents in support of the challenge must be filed with the complaint. The court shall set the matter for hearing not later than 30 days after the complaint is filed and shall give priority to such a complaint over all other matters pending with the court, except for criminal proceedings. 7. Upon the conclusion of the hearing, if the court determines that the petition is legally sufficient, it shall order the filing officer to issue a call for a special election in the jurisdiction in which the public officer who is the subject of the petition was elected to determine whether the people will recall the public officer. If the court determines that the petition is not legally sufficient, it shall order the filing officer to cease any further proceedings regarding the petition. Sec. 87. NRS 247.540 is hereby amended to read as follows: 247.540 1. The following persons may request that the personal information described in subsection 1, 2 or 3 of NRS 247.520 that is contained in the records of a county recorder be kept confidential: (a) Any justice or judge in this State. (b) Any senior justice or senior judge in this State. (c) Any court-appointed master in this State. (d) Any clerk of a court, court administrator or court executive officer in this State.
- 81st Session (2021)
– 68 –
(e) Any county or city clerk or registrar of voters charged with the powers and duties relating to elections and any deputy appointed such county or city clerk or registrar of voters in the elections division of the county or city. (f) Any district attorney or attorney employed by the district attorney who as part of his or her normal job responsibilities prosecutes persons for: (1) Crimes that are punishable as category A felonies; or (2) Domestic violence. [(f)] (g) Any state or county public defender who as part of his or her normal job responsibilities defends persons for: (1) Crimes that are punishable as category A felonies; or (2) Domestic violence. [(g)] (h) Any person, including without limitation, a social worker, employed by this State or a political subdivision of this State who as part of his or her normal job responsibilities: (1) Interacts with the public; and (2) Performs tasks related to child welfare services or child protective services or tasks that expose the person to comparable dangers. [(h)] (i) Any county manager in this State. [(i)] (j) Any inspector, officer or investigator employed by this State or a political subdivision of this State designated by his or her employer: (1) Who possesses specialized training in code enforcement; (2) Who, as part of his or her normal job responsibilities, interacts with the public; and (3) Whose primary duties are the performance of tasks related to code enforcement. [(j)] (k) The spouse, domestic partner or minor child of a person described in paragraphs (a) to [(i),] (j), inclusive. [(k)] (l) The surviving spouse, domestic partner or minor child of a person described in paragraphs (a) to [(i),] (j), inclusive, who was killed in the performance of his or her duties. 2. Any nonprofit entity in this State that maintains a confidential location for the purpose of providing shelter to victims of domestic violence may request that the personal information described in subsection 4 of NRS 247.520 that is contained in the records of a county recorder be kept confidential. 3. As used in this section: (a) “Child protective services” has the meaning ascribed to it in NRS 432B.042.
- 81st Session (2021)
– 69 –
(b) “Child welfare services” has the meaning ascribed to it in NRS 432B.044. (c) “Code enforcement” means the enforcement of laws, ordinances or codes regulating public nuisances or the public health, safety and welfare. (d) “Social worker” means any person licensed under chapter 641B of NRS. Sec. 88. NRS 250.140 is hereby amended to read as follows: 250.140 1. The following persons may request that personal information described in subsection 1, 2 or 3 of NRS 250.120 that is contained in the records of a county assessor be kept confidential: (a) Any justice or judge in this State. (b) Any senior justice or senior judge in this State. (c) Any court-appointed master in this State. (d) Any clerk of a court, court administrator or court executive officer in this State. (e) Any county or city clerk or registrar of voters charged with the powers and duties relating to elections and any deputy appointed by such county or city clerk or registrar of voters in the elections division of the county or city. (f) Any peace officer or retired peace officer. [(f)] (g) Any prosecutor. [(g)] (h) Any state or county public defender. [(h)] (i) Any person, including without limitation, a social worker, employed by this State or a political subdivision of this State who as part of his or her normal job responsibilities interacts with the public and performs tasks related to child welfare services or child protective services or tasks that expose the person to comparable dangers. [(i)] (j) Any county manager in this State. [(j)] (k) Any inspector, officer or investigator employed by this State or a political subdivision of this State designated by his or her employer who possesses specialized training in code enforcement, interacts with the public and whose primary duties are the performance of tasks related to code enforcement. [(k)] (l) The spouse, domestic partner or minor child of a person described in paragraphs (a) to [(j),] (k), inclusive. [(l)] (m) The surviving spouse, domestic partner or minor child of a person described in paragraphs (a) to [(j),] (k), inclusive, who was killed in the performance of his or her duties. 2. Any nonprofit entity in this State that maintains a confidential location for the purpose of providing shelter to victims of domestic violence may request that the personal information
- 81st Session (2021)
– 70 – described in subsection 4 of NRS 250.120 that is contained in the records of a county assessor be kept confidential. 3. As used in this section: (a) “Child protective services” has the meaning ascribed to it in NRS 432B.042. (b) “Child welfare services” has the meaning ascribed to it in NRS 432B.044. (c) “Code enforcement” means the enforcement of laws, ordinances or codes regulating public nuisances or the public health, safety and welfare. (d) “Peace officer” means: (1) Any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive; and (2) Any person: (I) Who resides in this State; (II) Whose primary duties are to enforce the law; and (III) Who is employed by a law enforcement agency of the Federal Government, including, without limitation, a ranger for the National Park Service and an agent employed by the Federal Bureau of Investigation, Secret Service, United States Department of Homeland Security or United States Department of the Treasury. (e) “Prosecutor” has the meaning ascribed to it in NRS 241A.030. (f) “Social worker” means any person licensed under chapter 641B of NRS. Sec. 89. NRS 481.091 is hereby amended to read as follows: 481.091 1. The following persons may request that the Department display an alternate address on the person’s driver’s license, commercial driver’s license or identification card: (a) Any justice or judge in this State. (b) Any senior justice or senior judge in this State. (c) Any court-appointed master in this State. (d) Any clerk of the court, court administrator or court executive officer in this State. (e) Any prosecutor who as part of his or her normal job responsibilities prosecutes persons for: (1) Crimes that are punishable as category A felonies; or (2) Domestic violence. (f) Any state or county public defender who as part of his or her normal job responsibilities defends persons for: (1) Crimes that are punishable as category A felonies; or (2) Domestic violence.
- 81st Session (2021)
– 71 –
(g) Any person, including without limitation, a social worker, employed by this State or a political subdivision of this State who as part of his or her normal job responsibilities: (1) Interacts with the public; and (2) Performs tasks related to child welfare services or child protective services or tasks that expose the person to comparable dangers. (h) Any county manager in this State. (i) Any inspector, officer or investigator employed by this State or a political subdivision of this State designated by his or her employer: (1) Who possesses specialized training in code enforcement; (2) Who, as part of his or her normal job responsibilities, interacts with the public; and (3) Whose primary duties are the performance of tasks related to code enforcement. (j) Any county or city clerk or registrar of voters charged with the powers and duties relating to elections and any deputy appointed by the county or city clerk or registrar of voters in the elections division of the county or city. (k) The spouse, domestic partner or minor child of a person described in paragraphs (a) to [(i),] (j), inclusive. [(k)] (l) The surviving spouse, domestic partner or minor child of a person described in paragraphs (a) to [(i),] (j), inclusive, who was killed in the performance of his or her duties. 2. A person who wishes to have an alternate address displayed on his or her driver’s license, commercial driver’s license or identification card pursuant to this section must submit to the Department satisfactory proof: (a) That he or she is a person described in subsection 1; and (b) Of the person’s address of principal residence and mailing address, if different from the address of principal residence. 3. A person who obtains a driver’s license, commercial driver’s license or identification card that displays an alternate address pursuant to this section may subsequently submit a request to the Department to have his or her address of principal residence displayed on his or her driver’s license, commercial driver’s license or identification card instead of the alternate address. 4. The Department may adopt regulations to carry out the provisions of this section. 5. As used in this section: (a) “Child protective services” has the meaning ascribed to it in NRS 432B.042.
- 81st Session (2021)
– 72 –
(b) “Child welfare services” has the meaning ascribed to it in NRS 432B.044. (c) “Code enforcement” means the enforcement of laws, ordinances or codes regulating public nuisances or the public health, safety and welfare. (d) “Social worker” means any person licensed under chapter 641B of NRS. Sec. 89.5. 1. There is hereby appropriated from the State General Fund to the Office of the Secretary of State for the costs of ballot stock, postage and postcard notifications to carry out the provisions of this act the following sums: For the Fiscal Year 2021-2022 ...... $6,286,844 For the Fiscal Year 2022-2023 ...... $5,998,138 2. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 16, 2022, and September 15, 2023, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 16, 2022, and September 15, 2023, respectively. Sec. 90. The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act. Sec. 91. NRS 293.013, 293.015, 293.213, 293.230, 293.235, 293.243, 293.262, 293.3088, 293.309, 293.3095, 293.310, 293.313, 293.315, 293.316, 293.3165, 293.317, 293.320, 293.323, 293.325, 293.329, 293.330, 293.333, 293.335, 293.340, 293.343, 293.345, 293.350, 293.352, 293.353 293.355, 293.3673, 293.384, 293.385, 293.8801, 293.8804, 293.8807, 293.8811, 293.8814, 293.8817, 293.8821, 293.8824, 293.8827, 293.8831, 293.8834, 293.8837, 293.8841, 293.8844, 293.8847, 293.8851, 293.8854, 293.8857, 293.8861, 293.8864, 293.8871, 293.8874, 293.8877, 293.8881, 293.8884, 293.8887, 293B.370, 293C.230, 293C.240, 293C.245, 293C.256, 293C.304, 293C.305, 293C.306, 293C.307, 293C.310, 293C.312, 293C.317, 293C.318, 293C.319, 293C.320, 293C.322, 293C.325, 293C.327, 293C.328, 293C.329, 293C.330, 293C.332, 293C.335, 293C.340, 293C.342, 293C.345, 293C.347, 293C.349,
- 81st Session (2021)
– 73 –
293C.350, 293C.352, 293C.368, 293C.382, 293C.385 and 293C.650 are hereby repealed. Sec. 92. 1. This section and section 84.5 of this act become effective upon passage and approval. 2. Section 89.5 of this act becomes effective on July 1, 2021. 3. Sections 1 to 84, inclusive, 85 to 89, inclusive, and 90 and 91 of this act become effective: (a) Upon passage and approval for the purpose of adopting any regulation and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and (b) On January 1, 2022, for all other purposes.
20 ~~~~~ 21
- 81st Session (2021)